Key Points
- USCIS will use the Final Action Dates chart for CSPA age calculations starting August 15, 2025.
- The change ensures consistency between USCIS and the Department of State.
- It affects dependent children applying through family, employment, or Diversity Visa categories.
- Prior policies still apply for cases filed before August 15, 2025.
USCIS Updates CSPA Age Policy
United States Citizenship & Immigration Services (USCIS) has updated its policy to use the Final Action Dates chart from the Visa Bulletin (VB) when calculating age under the Child Status Protection Act (CSPA). This change, effective August 15, 2025, aligns USCIS with the Department of State (DOS) and ensures consistent treatment for applicants both inside and outside the United States.
The update largely affects dependent children of foreign nationals applying for green cards through family-sponsored, employment-based, or Diversity Visa categories.
What is CSPA?
In 2002, Congress passed CSPA to prevent certain unmarried children of visa applicants from losing eligibility for lawful permanent resident status if they turn 21 years old during the immigration process. The law employs a special age calculation based on visa availability to maintain their classification as children under immigration law.
Looking Ahead: Clearer CSPA Rules
For adjustment of status applications filed before August 15, 2025, USCIS will continue to use the policy in effect as of February 14, 2023. Applicants who missed the one-year deadline to apply for permanent residence may still qualify if they show extraordinary circumstances.
The CSPA helps certain children remain eligible for green cards despite turning 21 during the immigration process. This update provides a clearer and fairer method for determining eligibility.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. If you want guidance on how this information may impact your particular situation and are a client of the Corporate Immigration Partners, PC, consult your attorney. If you are not a CIPPC client, consult another qualified professional. This website does not create an attorney-client relationship with CIPPC.
