Published: October 27, 2025
Is your child aging out before securing permanent residency in the US? The child may age out and lose eligibility if they turn 21 before completing the green card process. These cases can place a significant burden on families, threatening financial security, emotional well-being, and long-term stability.
The Child Status Protection Act (CSPA) helps protect the child’s status from becoming ineligible for immigrant visas and status adjustment. It allows qualified children to retain their child status by adjusting their age when a visa becomes available. However, the US Citizenship and Immigration Services (USCIS) returned to its more restrictive policy, effective August 15, 2025.
Let’s explore below how the updated CSPA age calculation works and how it affects dependent children nearing age 21.
Overview of the Policy Changes in the CSPA Age Calculation
Under the former policy guidance issued last February 14, 2023, USCIS used the Visa Bulletin’s Dates for Filing Chart to determine the availability of a visa for CSPA age calculation. The CSPA age was calculated based on their age on the first day of the month when USCIS was accepting and processing an adjustment application.
Freezing or adjusting the CSPA age until the visa became available allowed many children approaching 21 to preserve their eligibility despite the long delays in visa processing and issuance. However, because the US Department of State (DOS) didn’t adopt the same policy for adjudicating applications, there were different age-out policies for green card applicants.
Thus, starting August 15, 2025, USCIS resumed a more restrictive policy for calculating a child’s age under the CSPA status to minimize the risk of inconsistent cases. This means USCIS will use the Final Action Dates Chart to calculate the CSPA age for applications filed on or after August 15, 2025.
Potential Impact of the Stricter CSPA Age Calculation
What does the updated policy mean for current and future green card applicants? Those who were previously eligible for CSPA protections may no longer qualify under the new guidelines. Since Final Action Dates are usually later than Dates of Filing, many applicants who have locked in their age earlier under the old rules may age out with the new CPSA age calculation standard.
One consideration worth noting is that USCIS will continue to use the Dates of Filing Chart for all pending adjustment of status applications before August 15, 2025. The agency may also consider using it for applicants who can demonstrate that extraordinary circumstances beyond their control prevented them from adjusting their status during the specified period.
Essential Actions to Respond to the CSPA Policy Changes
The Final Action Date Chart of the Visa Bulletin can lag behind the Dates for Filing, particularly for applicants from high-demand countries such as India and China. Given changes to the CSPA policy, individuals with dependents nearing age 21 must review their immigration strategies. Below are some essential actions you can take to respond to the more restrictive policy for CSPA age calculation.
- Closely monitor the Visa Bulletin each month to see when the Final Action Dates align with the CSPA eligibility of your dependents.
- For pending applications, continue tracking the Final Action Dates Chart and promptly respond to all USCIS requests.
- For previously aged-out cases, determine whether extraordinary circumstances apply to qualify for the previously CSPA policy.
- Explore other visa options for dependents approaching 21, such as the F-1 student visa or temporary work authorization.
- Speak to a Los Angeles immigration lawyer well-versed in the CSPA provisions to optimize your immigration filing strategy.
Preserve Your Child’s Eligibility and Family’s Interests
A clear understanding of the CSPA’s recent policy is essential to preserve the eligibility of children aging out. Families with children approaching the age of 21 who intend to apply for a green card should obtain legal advice and assistance from a qualified Los Angeles immigration lawyer. Contact ALG Lawyers to discuss CSPA policies and other immigration-related matters.
FAQs on More Restrictive Policy on How USCIS Calculates Age Under the CSPA
Can your child benefit from CSPA if they’re a derivative of a petition filed on your behalf?
Generally, a derivative child can qualify for the CSPA benefit if they’re listed as a dependent on the principal petition and meet the current eligibility criteria. One significant factor is taking prompt action when the priority date becomes current. Still, the exact outcome depends on the specific type of petition, the derivative relationship, and how the existing CSPA rules apply to the case.
How can you confirm whether CSPA was the basis of your application’s denial?
Suppose USCIS denies your application. They will send you a written notice explaining the decision, such as the child aging out under CSPA. A denial based on CSPA typically involves age calculation and timing visa availability. When the grounds are unclear, consult a Los Angeles immigration lawyer for clarification and guidance.
Is it possible to have your case reconsidered if you were previously denied due to aging out?
It’s possible to file a motion to reopen or reconsider if you’re previously denied due to aging out, as long as the following conditions apply:
- You qualify as a child under the CSPA calculation.
- You submitted the petition for permanent residence within a year of the visa’s availability date.
- The application was denied solely on the basis of aging out.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)