The U.S. Citizenship and Immigration Services (USCIS) has announced a key policy update regarding the Child Status Protection Act (CSPA). Effective August 15, 2025, USCIS will begin using the Final Action Dates chart from the U.S. Department of State Visa Bulletin to determine when a visa becomes available for the purpose of calculating a child’s age under the CSPA.
This change aligns USCIS policy with the Department of State’s practice and ensures consistency in how visa availability is determined for all applicants, regardless of whether they are applying from inside or outside the United States.
Background: The Child Status Protection Act (CSPA)
In U.S. immigration law, children—defined as unmarried individuals under the age of 21—may qualify for lawful permanent residence as dependents on a parent’s immigrant petition. However, due to long processing times, many children “age out” by turning 21 before they can complete the process, which typically makes them ineligible to immigrate as dependents.
To address this, Congress enacted the Child Status Protection Act (CSPA) in 2002. The CSPA provides a method for calculating the child’s age that may preserve eligibility even after turning 21. This calculation depends on when an immigrant visa is considered “available.”
Previous Policy: February 14, 2023
Under guidance issued on February 14, 2023, USCIS allowed adjustment of status applicants in the U.S. to use the Dates for Filing chart to determine visa availability for CSPA purposes. However, the Department of State continued using the Final Action Dates chart for immigrant visa applicants abroad.
This created inconsistency:
- Applicants in the U.S. were often able to benefit from earlier visa availability dates.
- Applicants abroad were required to wait for the stricter Final Action Date to become current.
New Policy Effective August 15, 2025
To resolve this inconsistency, USCIS is updating its Policy Manual. Beginning August 15, 2025, only the Final Action Dates chart will be used to determine visa availability for CSPA age calculation—whether the applicant is filing from within the U.S. or abroad.
Key Highlights of the Policy Update
- Final Action Date Required
All CSPA age calculations will now be based on the Final Action Dates chart. The Dates for Filing chart will no longer be used for this purpose. - Effective Date
The new policy applies to all new CSPA-related filings submitted on or after August 15, 2025. - Pending Adjustment of Status Applications
For applications pending before August 15, 2025, USCIS will continue applying the February 14, 2023, guidance. This ensures fairness for applicants who relied on the previous policy. - One-Year Filing Requirement
To benefit from the CSPA, an applicant must seek to acquire lawful permanent residence within one year of when the visa becomes available. Acceptable steps include filing Form I-485, Form DS-260, or other qualifying actions. - Extraordinary Circumstances Exception
USCIS will continue to apply the extraordinary circumstances exception if an applicant fails to apply within one year. If the delay occurred during the time the February 14, 2023 policy was in effect and before August 15, 2025, USCIS may still apply the more favourable earlier policy.
Immigration Fleet’s Recommendation and Suggestions
As an experienced immigration law firm, Immigration Fleet recommends that families with children nearing the age of 21 take immediate steps to assess their CSPA eligibility and ensure timely action. The following guidance can help applicants navigate the changes effectively:
- Review Your Visa Category and Priority Date
Verify whether your category is subject to long visa backlogs. If so, calculate your child’s CSPA age based on the Final Action Date to determine eligibility. - File Before August 15, 2025, If Applicable
If you believe your child may benefit from the more flexible February 14, 2023 policy, and your case is eligible, submit your adjustment of status application before August 15, 2025. - Document All “Sought to Acquire” Actions
Ensure that you maintain clear records of actions taken within one year of visa availability. This can be critical in establishing CSPA protection. - Consult a Qualified Immigration Attorney
CSPA calculations can be complex, and a single misstep can lead to an applicant aging out. Immigration Fleet strongly recommends consulting with a qualified immigration attorney to evaluate your case, especially if your child is close to 21. - Extraordinary Circumstances Claims
If your child missed the one-year filing deadline under the earlier policy, we can assist in preparing and submitting a request for consideration under the extraordinary circumstances exception.
Final Thoughts
This policy update from USCIS brings greater consistency to the immigration process and provides clarity for families seeking permanent residence for children nearing the age of 21. However, it also removes the flexibility previously available to adjustment applicants under the February 14, 2023 policy.
Immigration Fleet remains committed to helping clients protect their children’s eligibility under the CSPA. If you have questions about how this change affects your case, we encourage you to schedule a consultation with our legal team.
