USCIS Narrows CSPA Age Calculation, Increasing “Age-Out” Risks for Green Card Applicants’ Children

USCIS Narrows CSPA Age Calculation, Increasing “Age-Out” Risks for Green Card Applicants’ Children

August 15, 2025 — Washington, D.C. – U.S. Citizenship and Immigration Services (USCIS) has announced a significant policy change that will affect how children’s ages are calculated under the Child Status Protection Act (CSPA) for green card eligibility.

Starting August 15, 2025, USCIS will rely exclusively on the Final Action Dates chart from the Department of State’s monthly Visa Bulletin to determine when a visa is considered “available” for CSPA purposes. This replaces the more lenient February 2023 policy, which allowed the use of the Dates for Filing chart in certain cases—a method that often gave families more time to protect children from “aging out” once they turn 21.

Impact on Families

The shift is expected to affect thousands of families, particularly those from high-demand countries such as India, where green card backlogs can stretch for years. Under the new rule, visa availability will generally be recognized later, reducing the period in which a child’s age can be “frozen” under CSPA. As a result, more children may lose eligibility to be included in their parents’ green card applications once they reach 21.

Transition & Exceptions

Applications filed before August 15, 2025 will continue to benefit from the more favorable 2023 policy.

Families may still qualify under the old rules if they can prove “extraordinary circumstances” prevented timely filing, such as medical emergencies or natural disasters.

Next Steps for Applicants

Immigration experts advise families to:

File before the August 15 deadline if possible.

Calculate the child’s CSPA age under both charts to determine risk.

Document any extraordinary circumstances that could justify an exception.

The policy change highlights the importance of timely legal and strategic planning for families navigating the U.S. immigration system.