Beginning August 15, 2025, U.S. immigration authorities will change how a child’s eligibility is determined under the Child Status Protection Act (CSPA). This update is critical for families applying for green cards through parents, especially if their children are nearing the age of 21.
This article explains the CSPA, the new changes, and how they may affect your immigration plans.
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Understanding the Child Status Protection Act (CSPA)
The CSPA, enacted in 2002, was designed to prevent children from “aging out” of green card eligibility during lengthy immigration backlogs.
Normally, a child must be under 21 years old to qualify as a dependent for immigration purposes. However, due to visa backlogs and delays, many applicants turn 21 during the process, losing eligibility.
The CSPA helps by “freezing” a child’s age under certain conditions, allowing them to remain eligible even after turning 21—provided a visa was available at the right time.
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The Old Rule
Since February 2023, the USCIS and the State Department applied different rules to determine visa availability under the CSPA:
- USCIS: Used the Dates for Filing chart (more flexible).
- State Department: Used the Final Action Dates chart (more restrictive).
This inconsistency meant children applying for adjustment of status inside the U.S. often had better chances of staying eligible than those applying from abroad.
What Changed
From August 15, 2025, the USCIS will adopt the Final Action Date chart, the same system already used by the State Department.
This means:
- The Final Action Date will officially determine when a visa is considered available under the CSPA.
- USCIS will no longer use the more flexible Dates for Filing chart.
- The rules are now consistent whether an applicant is inside or outside the U.S.
Applications Filed Before August 15
If you apply before August 15, 2025, the older and more favorable rule may still apply. USCIS has stated it will honor the February 14, 2023 guideline for pending adjustment of status cases.
This could help children remain eligible if their CSPA age is based on the Dates for Filing chart.
Additionally, if a child missed filing for adjustment of status within 12 months of a visa becoming available but has pending circumstances, USCIS may still consider them to have met the requirement.
Why This Matters
This change eliminates inconsistencies between USCIS and the State Department. However, the stricter Final Action Date method may mean that more children age out of eligibility compared to the old system.
For families, timing is now more critical than ever. Parents with children nearing 21 should act quickly to file before the new rules take effect.
What Families Should Do Now
- File applications before August 15, 2025, if eligible.
- Monitor the Final Action Date in the Visa Bulletin, not just the Dates for Filing.
- Consult an experienced immigration attorney if unsure how the change affects your case.
This rule may seem technical, but it has major implications for families hoping to keep their children included in the immigration process.
