Overview
On August 15, 2025, the U.S. Citizenship and Immigration Services (USCIS) will implement a critical policy change regarding how it determines the age of certain derivative beneficiaries under the Child Status Protection Act (CSPA). This change directly affects children who are derivative applicants in family-based and employment-based immigrant visa categories and seeks to clarify when a child’s age is “locked in” for purposes of maintaining eligibility as a “child” under the Immigration and Nationality Act (INA).
Background on the Child Status Protection Act (CSPA)
The Child Status Protection Act, enacted in 2002, was designed to address the adverse effects of processing delays in the immigration system. Under INA § 101(b)(1), a “child” is defined as an unmarried individual under the age of 21. Prior to the CSPA, children who turned 21 before their immigrant petition was adjudicated or before they could adjust status would “age out,” thereby losing eligibility as derivative beneficiaries.
CSPA provides a formula to freeze or recalculate a child’s age based on the date a visa becomes available, as defined by the Visa Bulletin. The intent is to prevent children from aging out solely due to administrative delays beyond their control.
Current Policy (Effective Until August 14, 2025)
Under USCIS’s current policy, which remains in effect through August 14, 2025, applicants may utilize the “Dates for Filing” chart published monthly in the Department of State’s Visa Bulletin to determine when a visa is considered available for purposes of calculating CSPA age. If applicant files Form I-485 (Application to Register Permanent Residence or Adjust Status) based on this chart, the age of the child is “locked in” as of the date of filing, provided other eligibility requirements are met.
This approach has been beneficial for many families, as the Dates for Filing chart often progresses more rapidly than the Final Action Dates chart, allowing earlier filing and a greater chance of preserving a child’s eligibility under CSPA.
Policy Change Effective August 15, 2025
Beginning August 15, 2025, USCIS will revise its interpretation of when a visa is considered “available” for purposes of CSPA age calculation. The updated policy will require that the Final Action Date—not the Dates for Filing—be current in order to determine visa availability for CSPA purposes.
This means that children will only be eligible for CSPA age protection if the Final Action Date for the underlying immigrant category and country of chargeability is current on the date the I-485 is filed. This change brings USCIS’s policy in alignment with the Department of State’s long-standing interpretation and provides consistency across agencies.
Implications for Applicants and Derivative Beneficiaries
This policy update carries significant implications for families with derivative children nearing 21 years of age:
- Loss of Early Filing Advantage: Applicants will no longer be able to rely on the earlier Dates for Filing chart to lock in a child’s age for CSPA protection.
- Increased Risk of “Aging Out”: Derivative children may lose eligibility to adjust status if the Final Action Date is not current by the time the I-485 is filed.
- Preservation of Prior Filings: Children who file Form I-485 before August 15, 2025, based on the Dates for Filing chart, will continue to be assessed under the current policy. Their eligibility will not be affected retroactively.
- Urgent Need for Action: Families with qualifying priority dates and derivative children approaching age 21 are strongly encouraged to file Form I-485 before August 15, 2025, if they are eligible under the Dates for Filing chart.
USCIS Recommendations
USCIS advises affected individuals and families to:
- Monitor the Visa Bulletin monthly, paying close attention to both the Final Action Dates and Dates for Filing charts.
- Assess the CSPA age of derivative children using the statutory formula: CSPA Age = Biological Age on Date Visa Becomes Available – Petition Processing Time.
- Ensure that Form I-485 is properly filed before the Final Action Date if seeking to benefit from the new interpretation.
- Consult with experienced immigration counsel to evaluate options, especially in time-sensitive situations.
How Immigration Fleet PLLC Can Assist
At Immigration Fleet PLLC, we recognize the complexity and sensitivity of CSPA-related issues, particularly as policy continues to evolve. Our firm provides comprehensive legal services to assist individuals, families, and employers in navigating CSPA eligibility and adjustment of status strategies.
Our Key Services Include:
- CSPA Eligibility Review: We analyze priority dates, Visa Bulletin movement, and petition processing times to determine a child’s eligibility under CSPA.
- Form I-485 Preparation and Filing: We ensure all applications are complete, accurate, and submitted in a timely manner, particularly where eligibility under the Dates for Filing chart is time-limited.
- Strategic Case Planning: For families with children nearing age 21, we offer tailored solutions to preserve eligibility and prevent age-out consequences.
- Family-Based and Employment-Based Petitions: We assist with immigrant visa petitions, including I-130, I-140, and derivative filings for dependents.
- Policy Monitoring and Updates: We keep clients informed of all relevant USCIS policy changes and ensure compliance with updated guidance.
Why Clients Choose Immigration Fleet PLLC
- Legal Expertise: Our attorneys have in-depth knowledge of U.S. immigration laws, including nuanced areas such as CSPA protections and visa eligibility timelines.
- Client-Centered Approach: We provide personalized legal strategies to meet the specific needs of families and individuals.
- Responsive Communication: We prioritize clear, timely, and efficient communication with our clients throughout the immigration process.
- Proven Success: Our firm has successfully represented numerous clients in securing immigration benefits, including those facing potential age-out situations.
Conclusion
The upcoming change to USCIS’s interpretation of the CSPA age calculation is a significant policy development that may affect thousands of families seeking lawful permanent residence in the United States. By limiting CSPA age determination to the Final Action Date, USCIS is narrowing the filing window for children who may otherwise benefit under the current system.
Families with derivative children nearing age 21 should act promptly, assess their eligibility, and file appropriate applications before August 15, 2025, if possible. At Immigration Fleet PLLC, we are committed to helping clients understand their rights under the Child Status Protection Act and guiding them through timely and strategic immigration filings.
