The U.S. Citizenship and Immigration Services (USCIS) has announced a significant policy update that changes how the age of certain immigrant visa applicants is calculated under the Child Status Protection Act (CSPA). Effective August 15, 2025, a visa will be considered “available” for CSPA age calculation purposes based solely on the Final Action Dates chart in the Department of State’s (DOS) Visa Bulletin.
This change reverses a more lenient policy implemented on February 14, 2023, which had aimed to reduce the number of children aging out of green card eligibility. That policy allowed the use of the Dates for Filing chart when it permitted an earlier filing for adjustment of status. The shift back to the Final Action Dates chart has raised concerns about an increased risk of children losing their eligibility.
The CSPA, which Congress enacted over 22 years ago, protects children of green card applicants by allowing them to be classified as a “child” for immigration purposes, even if they turn 21 during the lengthy immigration process. For immigration purposes, a child must be unmarried and under 21. However, visa backlogs can cause noncitizens to age out, meaning they lose eligibility to immigrate as dependents based on their parent’s approved family-sponsored, employment-based, or diversity visa petition.
The CSPA “locks” a child’s age at under 21 by calculating their age on “the date on which an immigrant visa number becomes available,” minus the time the visa petition was pending. This is provided that the applicant seeks lawful permanent resident (LPR) status within one year of the visa becoming available. The new USCIS policy argues that this update ensures both USCIS and DOS use the Final Action Dates chart to determine visa availability for CSPA age calculations. This establishes consistency for noncitizens applying for adjustment of status in the U.S. and for immigrant visas abroad.
The February 14, 2023, policy was a significant step forward for families, as it addressed a long-standing issue in USCIS’s interpretation of visa availability. Since October 2015, the DOS Visa Bulletin has included two charts for family- and employment-based visa categories: the Final Action Dates chart, which indicates when visas can be issued, and the Dates for Filing chart, which allows earlier filing for adjustment of status based on projected visa availability. Prior to 2023, USCIS interpreted CSPA eligibility using only the Final Action Dates chart, which often had later cutoff dates than the Dates for Filing chart. This resulted in fewer children qualifying for CSPA protection.
This interpretation, which was formalized in a May 2018 Policy Memorandum, created inconsistencies. Noncitizens filing for adjustment of status in the U.S. based on the Dates for Filing chart were uncertain of their CSPA eligibility because USCIS calculated their age using the more restrictive Final Action Dates chart. Advocacy groups and a court case pushed USCIS to update its Policy Manual in 2023. This update allowed the agency to calculate CSPA age using the same chart (Dates for Filing, when applicable) as for adjustment of status, which benefited hundreds, if not thousands, of families.
The 2023 policy allowed more children to preserve their eligibility, as the Dates for Filing chart often provided earlier visa availability dates, which reduced the likelihood of aging out. However, U.S.-based applicants could qualify as children under the CSPA while those applying for immigrant visas abroad were still subject to the Final Action Dates chart.
The August 2025 policy reverses this approach, mandating the use of the Final Action Dates chart for all CSPA age calculations starting August 15, 2025. USCIS will apply the February 14, 2023, policy to adjustment of status applications pending before August 15, 2025. It will also allow beneficiaries who missed filing due to extraordinary circumstances—such as severe illness or legal obstacles—to have their CSPA age calculated under the 2023 policy, provided they can demonstrate that the delay was reasonable.
The USCIS notice also clarifies the CSPA’s “sought to acquire” requirement. It states that applicants can meet the one-year deadline for seeking LPR status even if they are delayed, as long as they can demonstrate extraordinary circumstances, such as bureaucratic or personal emergencies.
“The shift to the Final Action Dates chart, which typically has later visa availability dates, increases the risk of children aging out. Aging out can force families to pursue lengthier alternative visa categories or face separation, as children over 21 lose dependent eligibility,” said Keshab Raj Seadie, a New York-based immigration attorney.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
