The U.S. Citizenship and Immigration Services (USCIS) has issued a significant policy update that impacts how the age of certain dependent children is calculated under the Child Status Protection Act (CSPA). This change provides greater consistency for applicants applying for lawful permanent residency.
Key Change Effective August 15, 2025
Starting August 15, 2025, USCIS will determine when a visa becomes “available” for CSPA age calculation purposes based solely on the Final Action Dates chart published in the Department of State’s Visa Bulletin. This replaces the prior policy, which at times created inconsistencies between USCIS and the Department of State.
What This Means for Applicants
This policy ensures that both USCIS and the Department of State will use the same visa availability date standard when calculating CSPA age. The result is more uniform treatment for individuals applying for permanent residency—whether they are adjusting status inside the U.S. or applying for immigrant visas abroad.
Application of Prior Policy for Pending Cases
For adjustment of status applications filed before August 15, 2025, USCIS will still apply the February 14, 2023, CSPA policy. This ensures that individuals who relied on the older rule are not adversely impacted by the change.
Sought to Acquire Requirement and Exceptions
Under the CSPA, to benefit from age protection, a qualifying applicant must generally seek to acquire permanent residence within one year of visa availability. This update also clarifies that if an applicant fails to meet this deadline due to extraordinary circumstances, they may still qualify for CSPA protection if the delay is justified.
USCIS will also accept extraordinary circumstance claims for individuals who did not apply during the February 14, 2023, policy window but who are still filing before August 15, 2025.
Background: What is the Child Status Protection Act (CSPA)?
The CSPA was enacted to help certain children of U.S. permanent residents and employment-based applicants retain eligibility for a green card, even if they turn 21 during the often-lengthy immigration process. Without CSPA protection, these individuals might otherwise “age out” and lose their chance to immigrate through their parent’s application.
Conclusion
This update offers welcome clarity and alignment between government agencies. Families navigating the immigration process—especially those with children nearing age 21—should carefully review how this change may affect their eligibility.
If you have questions about how the new CSPA policy may impact your case, or if you are unsure whether your child still qualifies as a derivative beneficiary, please contact our office. Our team is ready to assist you with understanding your options and ensuring timely action.
FAQs: Child Status Protection Act (CSPA)
Q: What date will the new CSPA policy take effect?
A: The updated policy applies to cases filed on or after August 15, 2025.
Q: What if I filed before August 15, 2025?
A: USCIS will apply the older February 14, 2023, policy to adjustment of status applications filed before that date.
Q: What is the Final Action Dates chart?
A: It’s the section of the Visa Bulletin that shows when a green card application can be approved. USCIS will now consistently use this chart to determine visa availability for CSPA purposes.
Q: Can I still qualify if I missed the 1-year deadline to seek residency?
A: Possibly. If you can show extraordinary circumstances, you may still qualify for CSPA age protection.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.