USCIS WILL CONSIDER AN INTERFILING REQUEST TO MEET THE “SOUGHT TO ACQUIRE” REQUIREMENT UNDER THE CSPA

USCIS has updated its Child Status Protection Act (CSPA) webpage to confirm that an interfiling request, a written request to transfer the underlying basis of a pending adjustment of status application, meets the “sought to acquire” requirement under the CSPA.

Under the CSPA, certain derivative, unmarried, child applicants for a Green Card are protected from the risk of “aging out”, or reaching age 21, before their Green Card Application is adjudicated by USCIS.

To be eligible for protection under the CSPA, an unmarried, child applicant who has filed Form I-485 must seek to acquire lawful permanent resident status within 1 year of a visa becoming available. This is referred to as the “sought to acquire” requirement.

Previously, the only ways to meet the “sought to acquire” requirement were as follows:

·         Filing Form I-485;

·         Submitting Form DS-260;

·         Paying the Green Card fee to the Department of State;

·         Paying the Form I-864 review fee to the Department of State; or

·         Having a Form I-824 filed on one’s behalf.

USCIS has clarified that interfiling is also now included in the list above, as an interfiling request meets the “sought to acquire” requirement under the CSPA.