AgenciesThe US Citizenship and Immigration Services (USCIS) updated its policy manual concerning the Child Status Protection Act (CSPA) age calculation. The new guidance, effective for requests filed on or after August 15, 2025, clarifies that visa availability for CSPA age calculation will be based on the Final Action Dates chart in the Department of State’s Visa Bulletin.
This update aims to align USCIS and the Department of State on using the same chart to determine when a visa becomes available. Previously, inconsistent policies led to different age calculations for applicants adjusting status within the US compared to those applying for immigrant visas abroad.
Previously, USCIS used the Dates for Filing chart to determine visa availability for CSPA age calculations, which sometimes led to differences between applicants inside and outside the US Under the new policy, both USCIS and the Department of State will rely on the Final Action Dates chart. This means a visa is considered “available” only when the Final Action Date becomes current. The change can reduce the period during which a child is protected under the CSPA, potentially causing some to age out earlier than before.
What is the Child Status Protection Act?
The CSPA protects certain children from “aging out” losing eligibility for a green card after turning 21, by adjusting how their age is calculated based on visa availability dates. Typically, unmarried children under 21 can obtain lawful permanent residency through a parent’s approved petition. However, long visa backlogs often mean children turn 21 before their green card process completes, causing them to lose eligibility.
The policy applies to children of H-1B workers living in the US, who were born outside the country and are caught in years-long visa backlogs, losing their eligibility for a green card once they turn 21 and “age out,” resulting in the loss of their legal status.
Impact on pending and new applications
The updated policy applies to all requests filed on or after August 15, 2025. For applications pending before this date, USCIS will continue applying the earlier February 14, 2023 policy. The agency also clarified that applicants who fail to apply for permanent residency within one year of visa availability may still qualify if they demonstrate extraordinary circumstances.
Concerns for Indian H-1B workers’ children
This policy shift has raised concerns among families of Indian H-1B visa holders, many of whom face multi-decade visa backlogs. Children born outside the US risk losing green card eligibility once they turn 21, even if they have spent most of their lives in the country and culturally identify as American.
USCIS’s position and broader implications
USCIS states the update “ensures consistency” in how visa availability is determined for CSPA calculations. However, the move underscores ongoing challenges in US immigration policy, particularly regarding lengthy backlogs that affect immigrant families’ stability and legal status.
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Previously, USCIS used the Dates for Filing chart to determine visa availability for CSPA age calculations, which sometimes led to differences between applicants inside and outside the US Under the new policy, both USCIS and the Department of State will rely on the Final Action Dates chart. This means a visa is considered “available” only when the Final Action Date becomes current. The change can reduce the period during which a child is protected under the CSPA, potentially causing some to age out earlier than before.
What is the Child Status Protection Act?
The CSPA protects certain children from “aging out” losing eligibility for a green card after turning 21, by adjusting how their age is calculated based on visa availability dates. Typically, unmarried children under 21 can obtain lawful permanent residency through a parent’s approved petition. However, long visa backlogs often mean children turn 21 before their green card process completes, causing them to lose eligibility.
The policy applies to children of H-1B workers living in the US, who were born outside the country and are caught in years-long visa backlogs, losing their eligibility for a green card once they turn 21 and “age out,” resulting in the loss of their legal status.
Impact on pending and new applications
The updated policy applies to all requests filed on or after August 15, 2025. For applications pending before this date, USCIS will continue applying the earlier February 14, 2023 policy. The agency also clarified that applicants who fail to apply for permanent residency within one year of visa availability may still qualify if they demonstrate extraordinary circumstances.
Concerns for Indian H-1B workers’ children
This policy shift has raised concerns among families of Indian H-1B visa holders, many of whom face multi-decade visa backlogs. Children born outside the US risk losing green card eligibility once they turn 21, even if they have spent most of their lives in the country and culturally identify as American.
USCIS’s position and broader implications
USCIS states the update “ensures consistency” in how visa availability is determined for CSPA calculations. However, the move underscores ongoing challenges in US immigration policy, particularly regarding lengthy backlogs that affect immigrant families’ stability and legal status.
( Originally published on Aug 10, 2025 )
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