I-485 Interfiling will affect the CSPA age calculation of the child whose age is already locked

July 14, 2022
×Close
When an applicant with a pending adjustment of status application wishes to adjust on a different approved petition than the one that currently forms the basis of their application, the applicant may submit a written request to transfer the underlying basis of their pending adjustment application. USCIS considers such a written request to fulfill the “sought to acquire” lawful permanent resident status requirement if the request is received by USCIS within one year of a visa becoming available in the new immigrant preference category. If you have a pending adjustment application as a derivative child and your parent transfers the underlying basis of their adjustment application to another basis, then USCIS uses the date the transfer request is received to determine if you satisfy the “sought to acquire” requirement to benefit from the CSPA age calculation under INA 203(h)(1)(A) in the new immigrant preference category. As USCIS states in Volume 7, Part A, Chapter 7 of the Policy Manual, “[i]f an applicant has multiple approved petitions, the applicant’s CSPA age is calculated using the petition underlying the adjustment of status application.” When USCIS approves a request to transfer the underlying basis of the pending adjustment of status application, the CSPA age is calculated using the approved petition that forms the new basis of the adjustment application. If USCIS transfers your underlying basis, then your CSPA age is now calculated using your age at the time the immigrant visa becomes available minus the time the petition that forms the new basis of the adjustment of status application was pending.
Upcoming Webinars
VIEW ALL

Related News

VIEW ALL
Success Story: EB-1a approved in two weeks

Attorney Mika B. Kozar filed an EB-1 Extraordinary Ability Immigrant Petition for one of the most prominent, accomplished, and forward thinking experts in the field of Enterprise Solutions Architecture, including Artificial Intelligence (AI), the Internet of Things (IOT), and Machine Learning.   The self-petitioned beneficiary is well known in the global information technology industry for […]

Class Action Lawsuit Seeks to Challenge USCIS’ Unlawful Denial of H-1B Petitions Filed by American Businesses

The American Immigration Council, the American Immigration Lawyers Association, and the law firms Van Der Hout, LLP, Joseph & Hall P.C., and Kuck Baxter Immigration LLC filed a nationwide class action lawsuit today challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analysts positions filed […]

Over 200,000 H-1B visa workers could lose legal status by June Concerns arise about “a catastrophe at a human level and an economic level” if visa issues aren’t addressed.

Manasi Vasavada has less than three weeks left before she loses her legal right to be in the country. The dental practice in Passaic County, New Jersey, where Vasavada, 31, has worked for almost two years closed its doors in mid-March due to Covid-19. She has been on an unpaid leave of absence ever since. […]