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

July 14, 2022
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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.
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