USCIS Updates Policy on Child Status Protection Act (CSPA) Age Calculation – What Applicants Need to Know
The U.S. Citizenship and Immigration Services (USCIS) has officially announced a significant policy update on how the Child Status Protection Act (CSPA) age is calculated. Released on August 8, 2025, the update clarifies that a visa will now be considered available for CSPA purposes based strictly on the Final Action Dates chart in the Department of State Visa Bulletin. This change is effective for requests filed on or after August 15, 2025, and aims to create consistency between USCIS and the Department of State in determining when a visa becomes available under the Child Status Protection Act.
The Child Status Protection Act is an important immigration law that helps certain children of U.S. visa applicants avoid “aging out” of eligibility due to long visa processing times. Under normal circumstances, a child must be under 21 years old and unmarried to qualify for lawful permanent residence through a parent’s approved petition. However, if the immigration process is delayed and the child turns 21 before their visa is approved, they may lose eligibility. Congress created the Child Status Protection Act to provide a special formula for calculating a child’s age, which can freeze the age in certain situations and protect eligibility.
Previously, there was a difference in how USCIS and the Department of State determined when a visa became available for CSPA purposes. The February 14, 2023, policy allowed USCIS to use the Dates for Filing chart in some cases, while the Department of State always used the Final Action Dates chart. This inconsistency meant that children applying for adjustment of status inside the United States could have a different Child Status Protection Act calculation compared to those applying for an immigrant visa outside the country. The new August 8, 2025, update removes this inconsistency by requiring both agencies to rely solely on the Final Action Dates chart.
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USCIS has also confirmed that for adjustment of status applications pending before August 15, 2025, the February 14, 2023, Child Status Protection Act policy will still be applied. This is because many applicants may have filed their cases based on the older guidance and should not be disadvantaged by the policy change. This approach provides fairness for applicants who relied on the prior rules when submitting their applications.
In addition to clarifying the visa availability date for Child Status Protection Act age calculation, USCIS also addressed the “sought to acquire” requirement. Under the CSPA, a child must apply for lawful permanent resident status within one year of a visa becoming available in order to benefit from the age protection. This is often referred to as the one-year filing deadline. If the child misses this deadline, they may still qualify for Child Status Protection Act protection if they can demonstrate “extraordinary circumstances” that prevented them from applying on time. The updated policy confirms that USCIS will continue to accept extraordinary circumstances as a valid reason for missing the one-year deadline.
For applicants who were impacted by the February 14, 2023, Child Status Protection Act policy and did not apply during that period due to extraordinary circumstances, USCIS will calculate the CSPA age using the February 14, 2023, rules for cases filed before August 15, 2025. This ensures that applicants are not penalized for relying on the previous policy.
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The Child Status Protection Act plays a critical role in U.S. immigration law, especially for families navigating long visa backlogs. Family-sponsored, employment-based, and diversity visa applicants often face years of waiting due to annual visa limits and high demand. During these delays, many children risk aging out and losing eligibility. By defining exactly when a visa is considered available, the new USCIS guidance provides greater certainty for families and aligns U.S. immigration procedures with the Department of State’s immigrant visa process.
Immigration attorneys and advocates are advising families to pay close attention to the Final Action Dates chart in the monthly Visa Bulletin going forward. This chart, not the Dates for Filing chart, will now determine the start of the one-year clock for the “sought to acquire” requirement under the Child Status Protection Act. Families should also maintain detailed records of any delays or hardships, as these could be important in claiming extraordinary circumstances if the one-year deadline is missed.
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In summary, the August 8, 2025, USCIS policy update ensures that the Child Status Protection Act age calculation is now consistent across all U.S. immigration agencies. By using the Final Action Dates chart, the update eliminates prior discrepancies, provides clarity for applicants, and strengthens the protection Congress intended when it enacted the CSPA. For families navigating the immigration process, understanding this change is essential to protecting a child’s eligibility for a green card and avoiding the devastating impact of aging out.