Effective August 15, 2025, the U.S. Citizenship and Immigration Services (“USCIS”) will implement a significant update to the way it calculates a child’s age under the Child Status Protection Act (“CSPA”). This policy change directly affects immigrant families, particularly those with children of H-1B visa holders from countries like India and China, who are navigating lengthy visa backlogs in their path to U.S. permanent residency.
What Is the Child Status Protection Act?
The CSPA was enacted to protect immigrant children from “aging out”, losing their eligibility for a green card once they turn 21, due to long processing times in family- and employment-based immigration categories. Under immigration law, only unmarried children under 21 can derive green card eligibility through a parent’s petition. The CSPA adjusts a child’s “age” for immigration purposes based on visa availability dates, helping many retain eligibility despite long waits.
What Has Changed?
Previously, USCIS used the Dates for Filing chart from the Department of State’s Visa Bulletin to determine when a visa was “available” for CSPA age calculation. This allowed some children to have their age “frozen” earlier, extending their period of eligibility, even if the Final Action Dates chart, which sets the actual approval timeline, was several months or years behind.
Starting August 15, 2025, USCIS will align with the Department of State and use only the Final Action Dates chart to determine visa availability for CSPA calculations. This shift standardizes the approach but also results in a shorter protective window for children. As a result, some children will age out sooner and lose eligibility for green cards through their parents’ petitions.
Why This Matters: Impact on Families
The update affects thousands of immigrant children,especially those of Indian H-1B workers, who represent a large share of employment-based green card applicants. Due to decades-long backlogs in visa categories like EB-2 and EB-3 for India, children born outside the U.S. may turn 21 before the Final Action Date becomes current. Under the new policy, these children cannot “lock in” their age as under the previous rule and may lose green card eligibility.
Families who have filed adjustment of status applications before August 15, 2025, will still benefit from the older, more generous policy as a grandfather clause. Those filing on or after this date must adhere to the stricter, Final Action Dates-based method for age calculation.
Example: The Patel Family
- Raj and Meera Patel work in the U.S. on H-1B and H-4 visas.
- Their daughter Anika, currently 15, is impacted by green card backlogs.
- Under old rules, Anika’s age would freeze when the Dates for Filing chart became current, securing her eligibility even if the Final Action Date arrived later.
- Under the new rules, Anika’s age will only freeze when the Final Action Date becomes current, likely years later, causing her to age out and lose eligibility for permanent residency with her parents.
Additional Policy Details
- USCIS requires applicants to file for permanent residency within one year of visa availability to claim CSPA protections.
- Exceptions exist for those who demonstrate extraordinary circumstances that delayed filing.
- The policy aims to eliminate inconsistencies where applicants adjusting status inside the U.S. had different rules than those applying abroad.
- Legal experts warn this could increase the number of children needing separate green card petitions or alternative visas.
Broader Immigration Context
This change highlights the ongoing challenges in U.S. immigration policy, particularly the long visa backlogs that disproportionately affect Indian and Chinese immigrant families. Children who grown up in the U.S. may face loss of status due to these delays, raising concerns about family unity and stability.
USCIS states the updated approach “ensures consistency” but critics argue it tightens eligibility and narrows protections at a time when many immigrant families are already stretched by lengthy waiting times.
What Families Should Do
- Review your case timelines carefully if you have children approaching 21.
- Consider filing adjustment of status applications before August 15, 2025, if possible.
- Consult with an immigration attorney to understand the impact on your family and explore options.
- Stay informed about policy updates and potential legal challenges.
This policy update marks an important shift in how the U.S. government protects immigrant children from aging out during lengthy visa waits. While creating uniformity between agencies, it also puts many families at risk of losing green card eligibility for their children.
Disclaimer: The information published in the above newsletter is collected from various sources in electronic medium and analyzed by the firm. The reader is advised to consult the attorney qualified in their jurisdiction, before acting on any information contained in this newsletter. India Juris excepts no liability what so ever in this regard.
