Policy Memorandum: Guidance on Evaluating Claims of 'Extraordinary Circumstances' for Late Filings When the Applicant Must Have Sought to Acquire Lawful Permanent Residence Within 1 Year of Visa Availability Pursuant to the Child Status Protection Act [open pdf - 123KB]
"An alien seeking classification as a child under sections 203(a)(2)(A) or 203(d) of the Immigration and Nationality Act (INA), or as a derivative beneficiary under INA 203(a) or 203(b), who is under 21 years of age as determined by the Child Status Protection Act (CSPA), must have sought to acquire lawful permanent residence within 1 year of the visa becoming available. In Matter of O. Vasquez, 25 I&N Dec. 817 (BIA 2012), the Board of Immigration Appeals (the 'Board') confirmed previous U.S. Citizenship and Immigration Services (USCIS) guidance that filing an application for adjustment of status or an immigrant visa meets the requirement that a beneficiary 'sought to acquire' lawful permanent residence within 1 year of visa availability in order to benefit from the specified age-out protection provided by the CSPA. The Board further explained that the alien may meet the 1-year 'sought to acquire' requirement even though there was a failure to timely file by establishing through persuasive evidence, that there were certain 'extraordinary circumstances' beyond the alien's control. This policy memorandum (PM) provides guidance on properly evaluating evidence and exercising discretion when an individual claims that extraordinary circumstances prevented him or her from seeking to acquire lawful permanent residence in a timely manner."
U.S. Citizenship and Immigration Services: http://www.uscis.gov/