USCIS has announced a new interpretation of the Child Status Protection Act (CSPA) that could have serious implications for children of employment-based visa applicants. This change, effective immediately, alters how the ages of children are calculated in relation to pending immigration petitions, specifically affecting cases like those filed under the EB-3 category. For instance, a concurrently filed I-140 petition and I-485 application from October 20, 2020, with a priority date of July 1, 2013, may only freeze a child’s age on October 1, 2025, rather than on the date of filing, which could result in children aging out of eligibility for immigration benefits.
Key Details:
- New interpretation effective immediately.
- A child’s age may freeze only on October 1, 2025, instead of the filing date.
- A child aged 20 years and six months on October 20, 2020, could turn 21 before the age freeze takes effect.
- This change primarily impacts families with pending EB-3 applications from India.
This new policy could leave many children without immigration status as they age out of eligibility before their applications are processed. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Cyrus Mehta