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Effective August 15, 2025, USCIS will revert to a more restrictive method for calculating a child’s age under the Child Status Protection Act (CSPA). This change may significantly affect when a child’s age “freezes” for green card eligibility, and could increase the risk of some children aging out. View the official update here.
Key Change
- Before August 15, 2025: Under the policy in place since February 14, 2023, USCIS has used the Dates for Filing chart from the Department of State Visa Bulletin to determine when a visa is “available” for CSPA age calculation. This allowed many children to lock in their age earlier, preserving eligibility.
- On or After August 15, 2025: USCIS will instead use the Final Action Dates chart — often a much later date — to determine visa availability. The one-year “sought to acquire” deadline will also run from that later date.
Who Is Affected
- New adjustment of status (Form I-485) or immigrant visa filings on or after August 15, 2025, will be subject to the Final Action Dates chart.
- Pending I-485 cases filed before August 15, 2025, will continue under the more favorable Dates for Filing policy.
Additional Points from the USCIS Policy Manual
- Visa Becomes Available: Defined as the later of (1) petition approval or (2) the first day of the month the Final Action Date is current for the applicant’s priority date.
- Early Filing: Filing under Dates for Filing will still be allowed if USCIS permits it that month, but the child’s CSPA age will not lock until the Final Action Date is current.
- Retrogression: If the Final Action Date retrogresses after becoming current, a timely-under-21 CSPA age will remain locked; if retrogression occurs before filing, the age does not lock.
- Extraordinary Circumstances: If a visa is available for less than one continuous year, the “sought to acquire” period may restart when the Final Action Date is next current, with limited exceptions for extraordinary delays.
Why This Matters
For families from high-demand countries, especially India and China, Final Action Dates may lag years behind Dates for Filing. This means some children may lose derivative eligibility before their Final Action Date becomes current.
Recommended Next Steps
- If You Have Not Filed Yet: Contact CLP immediately to assess whether filing before August 15, 2025, could preserve eligibility under the more favorable standard.
- If Your Case Is Pending: Continue to monitor Final Action Dates and respond promptly to any USCIS requests.
- If You Anticipate Delays: Keep records to document extraordinary circumstances that may extend your one-year “sought to acquire” window.
CLP is closely monitoring this change and its impact on our clients. We are preparing individualized strategies to minimize the risk of aging out and preserve eligibility wherever possible.
Contact CLP to understand how this policy change affects your investment immigration plans.
