The U.S. Citizenship and Immigration Services (USCIS) has announced a significant change to the way it calculates the age of non-citizen children applying for a green card through their parents’ petitions.
Starting August 15, 2025, USCIS will use the Final Action Date from the Visa Bulletin, instead of the current Dates for Filing, when applying the Child Status Protection Act (CSPA) age formula.
What This Means for Families
Under U.S. immigration law, an unmarried child must be under 21 years old to qualify for lawful permanent resident status through a parent’s petition.
If the child turns 21 before their green card is approved, they lose eligibility and must start the process through a new petition.
The CSPA, enacted by Congress, was designed to protect children from aging out due to long processing times. It does this by freezing the child’s age based on when an immigrant visa becomes available.
The Old vs. New Rule
- Before August 15, 2025: USCIS used the Dates for Filing chart, often years earlier than the Final Action Date, to decide when a visa was available for CSPA purposes. This method allowed families to file earlier and lock in the child’s CSPA age under 21.
- After August 15, 2025: USCIS will only use the Final Action Date, which is much later. This change means children may turn 21 before a visa becomes available, losing the age-freeze protection and potentially aging out.
Limited Protection for Pending Cases
There is an exception. USCIS will still apply the Feb. 14, 2023 policy for adjustment of status applications already pending before August 15, 2025. This is because many families may have relied on the earlier, more favorable rule when filing.
Who Will Be Most Affected
The change is expected to have the biggest impact on families from countries with long visa backlogs, such as India, Mexico, and the Philippines. These nations are reported to bear the heaviest backlogs due to per-country visa caps.
For these applicants, the gap between the Dates for Filing and Final Action Date can be several years. Children from these countries are more likely to age out under the new rule.
The Way Forward
Immigrant families can take the following steps in light of the new update:
- File before August 15, 2025, to lock in the more favorable Dates for Filing rule.
- Monitor the Visa Bulletin closely to determine when the Dates for Filing chart allows applications.
- Seek legal advice to determine if early filing is possible under your circumstances.
Families facing long waits for green cards should act quickly. The new USCIS rule significantly increases the risk of children aging out before their parents’ petition is completed.
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Resources:
- USCIS Updates Policy on CSPA Age Calculation | USCIS
- Chapter 7 – Child Status Protection Act | USCIS
- https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230214-CSPA.pdf
- https://www.congress.gov/crs-product/R43145?
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