On February 14, 2023, USCIS updated their policy manual, effectively expanding age-out protections under the CSPA. Under the new guidance, USCIS will now use the Dates for Filing Chart to calculate noncitizens ages for CSPA purposes, which provides noncitizens more certainty about their eligibility to adjust status. If these noncitizens are eligible to adjust status because the change in policy, and they have filed for adjustment of status, they will be eligible to apply for employment and travel authorization.

Noncitizens who could benefit from this policy update but previously had their adjustment of status applications denied may be eligible to file otherwise untimely motions to reopen their applications with USCIS to pursue benefits. While typically a motion to reopen must be filed within 30 days, USCIS has discretion to grant an untimely request if the applicant can show that the delay was reasonable and beyond their control.

Of note, the policy change will not prevent all children from aging out of eligibility before an immigrant visa is available.