25/08/2025
USCIS Changes CSPA Age Calculations
Starting August 15, 2025, USCIS will use the Final Action Dates chart from the Visa Bulletin to determine a child’s age under the Child Status Protection Act (CSPA) for immigration purposes. This update aligns the rules for applicants inside and outside the U.S., eliminating previous inconsistencies.
Key Details:
- Before Aug 15, 2025: Pending cases can still use the Feb. 14, 2023 policy.
- After Aug 15, 2025: Only the Final Action Dates will count.
Who It Affects:
- Children under 21 applying for family-sponsored, employment-based, or diversity visas.
- Kids who turn 21 before a visa is available may lose eligibility, but CSPA allows for a different age calculation to protect them.
CSPA Rules:
- A child must apply for a green card within one year of visa availability to use CSPA. If delayed, they can still qualify if they demonstrate “extraordinary circumstances.”
Example:
If a parent’s petition is pending and a child is 20 years and 10 months, their "CSPA age" will be based on Final Action Dates. If the date becomes current before they turn 21, they still qualify as a “child.”
CSPA Age Calculation Example:
- Real Age at Visa Availability: 21 years 9 months
- Pending Time: 2 years
- CSPA Age: 21 yrs 9 mos - 2 yrs = 19 yrs 9 mos (eligible)
Interview Process:
Document Check: The officer notices the child is over 21 but applies the CSPA formula.
2. CSPA Calculation: Child’s CSPA age is confirmed to be under 21.
3. Eligibility Confirmation: Confirming marital status and timely filing.
4. Decision: Child remains eligible for the immigrant visa.
Protection:
The decision is based on CSPA Age, ensuring children do not age out as long as their CSPA Age is under 21.
Source
We are updating the Policy Manual to clarify that a visa becomes available for the purposes of Child Status Protection Act age calculation based on the Final Action Dates chart of the Department of State Visa Bulletin.