New USCIS CSPA Age Calculation Rules for 2025

On August 8, 2025, USCIS announced an important update to the way it calculates a child’s age under the Child Status Protection Act (CSPA). This change ensures that both USCIS and the Department of State will now use the Final Action Dates chart from the monthly Visa Bulletin to determine when a visa becomes available for CSPA purposes. The new rule applies to the CSPA Age for requests filed on or after August 15, 2025.

For adjustment of status applications that were already pending before August 15, 2025, USCIS will continue to apply the policy it announced on February 14, 2023. This protects applicants who filed relying on the earlier guidance, which in some cases allowed a more favorable age calculation.

Why the CSPA Exists

Under U.S. immigration law, an unmarried child must generally be under the age of 21 to qualify for a green card through their parent’s approved petition. If the child turns 21 before the process is complete, they “age out” and lose eligibility. Congress created the CSPA to help certain children keep eligibility despite long backlogs. The law provides a way to “freeze” the child’s age by taking into account how long the underlying petition was pending before approval and when a visa number becomes available.

The New Rule

Previously, USCIS and the Department of State sometimes used different Visa Bulletin charts for determining the date a visa became available. USCIS could apply the Dates for Filing chart, while the Department of State used the Final Action Dates chart. This meant that applicants in the United States and those applying from abroad could receive different results. Beginning August 15, 2025, both agencies will use the Final Action Dates chart in all cases. This will create one consistent standard, although it may shorten protection for some children because the Final Action Dates chart generally advances more slowly than the Dates for Filing chart.

How to Calculate CSPA Age

The CSPA formula is simple in concept. First, determine the child’s actual age on the date a visa becomes available (when the visa bulletin becomes “current”). Then subtract the amount of time the petition was pending with USCIS before approval. If the resulting age is under 21, the child may still qualify. The applicant must also take steps to seek permanent residence within one year of that date unless they can show extraordinary circumstances.

Consider two examples using the same visa availability date and the same actual age, but with different petition pending times. In both cases, the visa becomes available on July 1, 2025, and the child’s actual age on that date is 22 years and 6 months.

In the first scenario, the I-140 petition was pending for 12 months. Subtracting that 12-month period from the actual age results in a CSPA age of 21 years and 6 months. Because this is over 21, the child ages out and cannot remain on the parent’s case.

In the second scenario, the I-140 petition was pending for 24 months. Subtracting that period from the same actual age produces a CSPA age of 20 years and 6 months. This is under 21, so the child is protected and can be included in the petition.

These examples show how the amount of time a petition is pending can make a critical difference in whether a child keeps eligibility under the CSPA, even when their actual age is over 21.

What to Do if Your Child May Age Out

If your child is approaching their 21st birthday and your case is still pending or close to becoming current, it is essential to calculate their CSPA age as soon as possible. Understanding which Visa Bulletin chart applies to your case, and how the August 15, 2025 change affects that calculation, is a key part of planning your filing strategy. It is also important to track the one-year “sought to acquire” deadline because missing this step can result in losing CSPA protection unless you can prove extraordinary circumstances.

Final Thoughts

The August 15, 2025 policy change brings consistency between USCIS and the Department of State in how the CSPA age is calculated. However, because the Final Action Dates chart generally advances more slowly, it may reduce the amount of protection available to some children. Families with children nearing 21 should review their timelines now and take steps to protect eligibility before the new rule takes effect.

If you would like us to review your eligibility for NIW and see if your child can be included in your visa application, contact us for a free evaluation. We can help you understand how this change impacts your case and develop a strategy to keep your family together.