The U.S. Citizenship and Immigration Services (USCIS) has announced a significant policy change that will alter how a child’s eligibility under the Child Status Protection Act (CSPA) is determined, starting August 15, 2025.
The CSPA, enacted in 2002, was designed to protect children of U.S. immigrants from “aging out” during prolonged visa processing times. Under U.S. immigration law, individuals must be under 21 to qualify as a “child.” However, long visa backlogs often push applicants past that age before their cases are finalized, leading to a loss of eligibility.
To address this, the CSPA allows for “freezing” a child’s age under certain conditions, enabling them to remain eligible for a green card even after turning 21, provided the visa was “available” at the right time. The latest policy change centers on redefining when a visa is considered “available” for CSPA purposes.
USCIS and State Department to Use the Same Standard
Since February 2023, USCIS and the Department of State have applied different standards to determine visa availability under the CSPA.
- USCIS used the more flexible Dates for Filing chart.
- State Department relied on the stricter Final Action Dates chart.
This inconsistency created unequal outcomes: children applying for adjustment of status inside the U.S. had better chances of retaining eligibility than those applying from abroad, drawing criticism from immigration lawyers and affected families.
Starting August 15, 2025, USCIS will align with the State Department by adopting the Final Action Dates chart to determine visa availability under the CSPA. This change will ensure a unified standard for applicants both inside and outside the United States.
Key Details of the New Policy
- After August 15, USCIS will no longer use the Dates for Filing chart for CSPA age calculations.
- The stricter Final Action Date will determine when a visa becomes available for CSPA purposes.
- The February 14, 2023, policy will still apply to adjustment of status cases that were pending before that date, potentially preserving eligibility for some applicants.
- USCIS will also allow exceptions for applicants who missed the one-year filing deadline if they can prove extraordinary circumstances, counting them as having met the “sought to acquire” requirement.
Impact on Families and Urgent Actions Required
While the new rule promotes fairness by unifying policies, it also means some children who qualified under the old USCIS standard may now age out under the stricter criteria. Immigration experts warn that timing is now critical for families sponsoring children nearing the age of 21.
Lawyers advise filing applications before August 15, 2025, to benefit from the older, more favorable system.
