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Oct 17th, 2023

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USCIS clarifies policy update that can protect many more derivative children applicants from ‘aging out’

On February 14, 2023, USCIS updated its Policy Manual, introducing a significant change that can provide greater protection for derivative child applicants from “aging out.” The update allows for the use of the Date for Filing (Chart B) to calculate a child's age when determining eligibility for a Green Card. Subsequently, on August 24, 2023, USCIS issued an Alert, that excuses the failure of some dependent applicants to apply for an adjustment of status because they were ineligible under the old policy — if they are now eligible under the new policy. This provision applies to adjustment of status applications adjudicated on or after August 24, 2023.

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