USCIS Tightens CSPA Age Calculation for Green Card Applicants

USCIS Tightens CSPA Age Calculation for Green Card Applicants

On August 15, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a major change to how it calculates a child’s age under the Child Status Protection Act (CSPA), which determines whether children can remain eligible as dependents on their parents’ green card applications.

What Changed

Only “Final Action Dates” Count Now

USCIS will now rely exclusively on the Final Action Dates chart from the Department of State’s Visa Bulletin to determine when a visa becomes available for CSPA purposes.

From February 2023 to August 14, 2025, USCIS had allowed applicants in the U.S. to use the more flexible “Dates for Filing” chart, which provided broader protections. That option is now eliminated.

The change is designed to align U.S.-based filings with consular processing abroad, ensuring consistency.

Who Is Affected

Children of immigrants (especially from high-backlog countries like India and China) are most at risk. Since Final Action Dates often move more slowly, fewer children will remain under the age limit of 21, increasing the risk of “aging out.”

Children who age out may be forced into different visa categories, often with wait times of years or even decades, risking long-term family separation.

Grandfathering & Exceptions

Cases filed before August 15, 2025 will still benefit from the older, more generous rules.

Applicants with extraordinary circumstances—such as delays outside their control—may qualify for exceptions.

Why It Matters

This policy shift may leave thousands of immigrant families uncertain about their children’s future immigration status. For families with children nearing age 21, timing is critical—filing before the cutoff date or seeking legal counsel could make the difference between staying together or facing long separations.