On August 8, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a significant update to its Policy Manual regarding how the Child Status Protection Act (CSPA) age is calculated. Effective August 15, 2025, USCIS will use the Final Action Dates chart from the Department of State’s Visa Bulletin to determine when a visa “becomes available” for CSPA purposes. This change is designed to align USCIS’s process with the Department of State’s and ensure consistent treatment for applicants both inside and outside the United States.
This update replaces the February 14, 2023, policy, which relied on the Dates for Filing chart in some instances and created discrepancies between adjustment of status applicants (inside the U.S.) and immigrant visa applicants (outside the U.S.).
Background: The CSPA and Age-Out Protection
Under U.S. immigration law, an unmarried child must be under age 21 to qualify for lawful permanent resident status based on a parent’s approved petition (family-based, employment-based, or diversity visa) if the child turns 21 before a visa becomes available—commonly referred to as “aging out”—they may lose eligibility.
To address this, Congress enacted the Child Status Protection Act (CSPA), which provides a formula to calculate the “CSPA age” and, in some cases, allows a child who has turned 21 to still be considered under 21 for immigration purposes. A critical factor in this calculation is determining when a visa number “becomes available.”
What’s Changing Under the New Policy
Effective August 15, 2025:
- Visa Availability Date: For CSPA age calculations, USCIS will use the Final Action Dates chart from the Visa Bulletin—not the Dates for Filing chart—to determine when a visa is available.
- Consistency with DOS: This change aligns USCIS policy with the Department of State’s approach, ensuring uniform treatment for applicants regardless of where they apply.
For Applications Filed Before August 15, 2025:
- If an applicant filed an adjustment of status before the new effective date and their case is still pending, USCIS will apply the February 14, 2023, policy. This protects applicants who may have relied on that policy when they filed.
One-Year “Sought to Acquire” Requirement
To benefit from CSPA protections, applicants must seek to acquire lawful permanent residence within one year of the visa becoming available. Under the updated guidance:
- USCIS will consider an applicant to have met this requirement if they can show extraordinary circumstances prevented them from applying within the one-year window.
- If extraordinary circumstances are shown for the period between February 14, 2023, and August 15, 2025, USCIS will apply the earlier policy to calculate the CSPA age.
Practical Impact
This update affects:
- Family-Sponsored Applicants (F1, F2A, F2B, F3, F4 categories)
- Employment-Based Applicants (EB-1, EB-2, EB-3, EB-4, EB-5)
- Diversity Visa Applicants
By using the Final Action Dates chart, applicants will have a clear, consistent standard for determining CSPA age eligibility. However, this could shorten the time window for some applicants compared to the Dates for Filing chart, making timely action even more critical.
Key Takeaways for Applicants
- Check the Final Action Dates: Going forward, the CSPA age “freeze” will be based on this chart, not the Dates for Filing.
- File Promptly: Once your priority date is current under the Final Action Dates chart, act quickly to file your application.
- Document Extraordinary Circumstances: If you miss the one-year filing deadline, be prepared to provide strong evidence explaining why.
- Review Pending Cases: If your application is pending from before August 15, 2025, the older February 14, 2023 policy may still apply to your case.
Conclusion
This USCIS policy update standardizes the CSPA age calculation process, bringing it in line with the Department of State and removing inconsistencies between domestic and overseas processing. Applicants should carefully monitor the Final Action Dates in the Visa Bulletin and consult with an experienced immigration attorney to ensure they preserve their eligibility under the CSPA.
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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
