USCIS updates policy on Child Status Protection Act age calculation
Key Points(5)
- Citizenship and Immigration Services (<a href="https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-on-cspa-age-calculation">USCIS</a>) has changed how it counts age under the Child Status Protection Act (CSPA).
- This law helps children stay eligible for a green card even if they turn 21 while their parents’ immigration case is still being processed.
- Effective August 15, 2025, USCIS will now use the Final Action Dates chart from the Department of State’s Visa Bulletin to determine when a visa becomes available for CSPA purposes.
- This change aligns USCIS with the State Department, ensuring consistent treatment of applicants both inside and outside the United States.
- Previously, under a February 14, 2023 policy, USCIS sometimes used different criteria, which led to inconsistent outcomes.
The U.S. Citizenship and Immigration Services (USCIS) has changed how it counts age under the Child Status Protection Act (CSPA). This law helps children stay eligible for a green card even if they turn 21 while their parents’ immigration case is still being processed.
Effective August 15, 2025, USCIS will now use the Final Action Dates chart from the Department of State’s Visa Bulletin to determine when a visa becomes available for CSPA purposes. This change aligns USCIS with the State Department, ensuring consistent treatment of applicants both inside and outside the United States.
Previously, under a February 14, 2023 policy, USCIS sometimes used different criteria, which led to inconsistent outcomes. That earlier policy will still apply to cases pending before August 15, 2025, as applicants may have relied on it when filing.
Under U.S. immigration law, unmarried children must generally be under 21 to obtain permanent resident status through a parent’s approved visa petition. The CSPA allows certain applicants to retain “child” status if they age out during processing, provided they apply for permanent residence within one year of a visa becoming available.
The new guidance also clarifies that applicants who miss the one-year filing deadline due to extraordinary circumstances may still qualify. Those who were affected by the 2023 policy before August 15, 2025, can have their CSPA age calculated under that earlier guidance.
