USCIS UPDATES CSPA AGE CALCULATION POLICY

On August 15, 2025, U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on how to calculate a child’s age under the Child Status Protection Act (CSPA). The revision narrows protections designed to prevent children from “aging out,” aising the likelihood that more applicants will “age out” by turning 21 before their parents’ green card petitions are approved.

What Is the CSPA?

The Child Status Protection Act, enacted in 2002, was intended to preserve eligibility for children who turn 21 while waiting in long visa backlogs. Instead of using biological age alone, the CSPA allows a “calculated age” to be applied, in certain cases preventing children from aging out of derivative green card eligibility.

Policy Shift

Under the new guidance, USCIS will now use only the “Final Action Dates” chart (Chart A) from the Department of State’s monthly Visa Bulletin to determine visa availability for CSPA calculations. This change reverses a February 2023 policy that allowed some families to rely on the “Dates for Filing” chart (Chart B), which typically reflected later cut-off dates and provided broader protection.

By limiting calculations to Chart A, USCIS has effectively reduced the number of applicants who can lock in their age. For many families, especially in high-demand categories, this means fewer children will qualify as derivative beneficiaries once they turn 21.

Impact on Families

The update is expected to particularly affect applicants from countries with significant immigrant visa backlogs, such as India and China, where priority dates can take years to become current. Families may now face greater uncertainty in ensuring that children remain eligible for green cards through their parents’ petitions.