Biden Admin To Benefit Indians Expecting Long Term Visa

Announcing a policy manual update in order to calculate age of non-citizens in certain situations under the CSPA (Child Status Protection Act), the Biden administration has taken a small but significant step that was long awaited. Now the complications will be sorted out in addressing the issues of the aged-out kids. They mostly are Indians, who came to America legally with their parents.

The US Visa rules make it a little complicated for a child to obtain lawful permanent resident status in the US based on the parent’s approved petition. This petition is for an employment-based or a family-sponsored visa for which the age of the child must be under 21 years. If the kid turns 21 and gets “aged out” while the immigration process is one, the rules consider him or her no more eligible to immigrate with the parent based on the parent’s petition.

“Thanks to the USCIS (United States Citizenship and Immigration Services) which has officially made 1 of the policy changes which were request by us. The dates are going to be used by the USCIS for the filing chart to determine CSPA age and then accordingly previously denied petition can also be reopened,” says Dip Patel. Dip Patel belongs to improvethedream.org, which on behalf of aged-out children has been leading such an effort. These aged-out children number over 200,000 now.

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As per the new USCIS guidance, the Dates for Filing chart will be used to calculate ages of these non-citizens as required by the CSPA purposes. The CSPA provides with more certainty for these non-citizens about their eligibility to adjust their American immigration status.