The U.S. Citizenship and Immigration Services (USCIS) has updated its policy regarding the Child Status Protection Act (CSPA) age calculation. Effective for requests filed on or after August 15, 2025, the policy clarifies that a visa is considered “available” based on the Final Action Dates chart in the Department of State’s Visa Bulletin.
For adjustment of status applications pending with USCIS before August 15, 2025, the agency will continue to apply the CSPA age calculation policy issued on February 14, 2023, as applicants may have relied on that guidance when filing.
This change ensures consistency between USCIS and the Department of State in determining when a visa becomes available for CSPA purposes. Previously, the February 2023 policy led to inconsistent treatment for applicants depending on whether they were adjusting status in the U.S. or applying for an immigrant visa abroad.
What You Need to Know About CSPA
Under U.S. immigration law, an unmarried child generally must be under 21 years of age to qualify for lawful permanent resident status through a parent’s approved petition, whether family-sponsored, employment-based, or a diversity visa. If the child turns 21 before completing the process, they may “age out” and become ineligible.
The Child Status Protection Act (CSPA) was enacted to prevent certain children from losing eligibility due to aging during the immigration process. CSPA allows USCIS to calculate a child’s age by considering when an immigrant visa number becomes available.
Key Points of the Updated Policy
Children applying for adjustment of status under family-sponsored, employment-based, or diversity visas must generally seek to acquire lawful permanent residence within one year of when a visa becomes available to benefit from CSPA age protection.
USCIS now clarifies that applicants who fail to file within this one-year period may still meet the requirement if they can demonstrate extraordinary circumstances.
For pending applications under the February 14, 2023, policy before August 15, 2025, USCIS will continue to calculate CSPA age under that guidance if extraordinary circumstances prevented filing within the one-year period.
This update brings clarity and fairness to the CSPA age calculation process, aligning the practices of USCIS and the Department of State, and providing applicants with a consistent framework regardless of where they file.