Is your adult child over 21 and prevented from getting a green card due to the February 2023 policy change? Good news! On February 14, 2023, USCIS issued policy guidance to update when an immigrant visa “becomes available” for the purpose of calculating an applicant’s CSPA age.  USCIS now considers a visa available to calculate CSPA age for these applicants at the same time USCIS considers a visa immediately available for accepting and processing the adjustment of status application.  The problem before February 14, 2023, an immigrant visa was not always available to calculate CSPA age at the same time a visa was available to file an adjustment of status application.  As a result, USCIS could not yet calculate the noncitizen’s CSPA age because a visa had not yet become available under the prior policy or USCIS would have calculated the noncitizen’s CSPA age to be over 21 years old.  Some noncitizens may not have filed an adjustment of status application as a result of these circumstances.  Therefore, some of these same applicants, who have since filed or may now file an adjustment of status application under the new policy, may be unable to meet the 1-year sought to acquire requirement, unless the applicant establishes that their failure to meet the requirement was the result of extraordinary circumstances.  Furthermore, some applicants, who met the “sought to acquire” requirement when they filed their adjustment applications under the policy guidance in effect before February 14, 2023, may no longer meet the requirement under the February policy.  To address these issues, USCIS updated policy guidance to clarify that USCIS considers the February 14, 2023, policy change to be an extraordinary circumstance that may excuse an applicant’s failure to meet the “sought to acquire” requirement provided that the delay in filing the adjustment of status application is reasonable under the circumstances.  The reasonableness of the delay is determined from August 24, 2023, the date USCIS is publishing this policy considering the February 14, 2023, policy change to be an extraordinary circumstance.