The October 2025 Visa Bulletin brought the first meaningful forward movement in priority dates in several years, allowing many foreign nationals to file for lawful permanent resident (LPR) status. However, just prior to this development, on August 8, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a change to its interpretation of the Child Status Protection Act (CSPA), with significant implications for dependent children nearing the age of 21.1
Background: The Role of CSPA in Preserving Eligibility for Dependent Children
Under U.S. immigration law, a principal applicant for a family-sponsored, employment-based, or diversity visa may include their spouse and unmarried children under 21 years of age in the green card application. However, if a child turns 21 before a green card is issued, a situation known as "aging out", they generally lose eligibility as a dependent.2
To mitigate this, Congress enacted the Child Status Protection Act (CSPA), which allows certain children to preserve their eligibility by calculating their age using a specific formula that accounts for delays in processing the underlying petition.
The CSPA Age Formula
The child's CSPA age is calculated using the following formula:
Age at Time of Visa Availability – Pending Time = CSPA Age
- Age at Time of Visa Availability is determined
by the later of:
- The date the petition was approved; or
- The first day of the month in which the Visa Bulletin shows a visa is available under the Final Action Dates chart.
- Pending Time is the number of days between the proper filing of the petition and the date it was approved.
If the resulting CSPA age is under 21, and the child applies for adjustment of status within one year of the visa becoming available, they remain eligible as a derivative applicant.
What Changed in August 2025?
Effective August 15, 2025, USCIS revised how it determines when a visa is "available" for purposes of calculating CSPA age.
Previously, USCIS based this determination on the visa bulletin chart the agency had designated for filing that month, either the Dates for Filing chart or the Final Action Dates chart. This policy allowed children to lock in their CSPA age as of the earlier date shown on the Dates for Filing chart, which often moved more quickly than the Final Action Dates chart.3
Under the new policy, however, a visa is considered "available" for CSPA purposes only when the applicant's priority date is current under the Final Action Dates chart.4 This change delays when a child can lock in their age under CSPA and creates new uncertainty in determining whether a child will age out.
Practical Implications for Families
This change has serious implications for children nearing the age of 21 who are applying as dependents on a parent's green card application. Here's why:
- A child may now file their Form I-485 adjustment of status application along with their parent when USCIS allows use of the Dates for Filing chart.
- However, they will not be able to lock in their CSPA age unless and until the parent's priority date becomes current under the Final Action Dates chart.
- If the filing is based on the Dates for Filing chart, the age calculation remains incomplete because there is no way of determining when or if the priority date will be current. All applicants can do is to calculate when the date would need to be current.
Under the previous policy, children who were under 21 based on the CSPA formula at the time of filing (using the chart designated by USCIS) could proceed with relative confidence that their application would be approved. Now, that certainty is no longer guaranteed.
What Applicants Should Do
Given this change, LPR applicants whose children are nearing age 21 should seek legal counsel before filing under the Dates for Filing chart. It is critical to assess whether the child is likely to age out before the parent's priority date becomes current under the Final Action Dates chart.
Legal advice can help families:
- Determine whether the child qualifies for CSPA protection;
- Understand the risks of aging out under the new rules; and
- Explore contingency plans if the child becomes ineligible during the process.
Conclusion
In light of these recent changes, families pursuing lawful permanent residency must approach the process with greater caution and strategic planning—especially when dependent children are nearing the age of 21. The updated USCIS policy on CSPA age calculation introduces uncertainty that could jeopardize a child's eligibility, even after filing. As a result, timely legal guidance is more important than ever to ensure that both primary applicants and their children preserve their ability to adjust status and avoid unintended setbacks in the green card process.
Footnotes
1 https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-on-cspa-age-calculation.
2 www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa
3 https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230214-CSPA.pdf
4 Information on priority dates can be found at https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates. Background on USCIS's selection of Dates for Filing and Final Action Dates can be found at https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
