The United States Citizenship and Immigration Services (USCIS) has issued a significant policy update regarding the calculation of age under the Child Status Protection Act (CSPA). Effective for requests filed on or after August 15, 2025, USCIS will now determine visa availability based exclusively on the Final Action Dates chart published in the Department of State’s Visa Bulletin. This change aligns USCIS policy with the Department of State, ensuring consistent standards for applicants pursuing adjustment of status and immigrant visas.
Under the revised policy, applicants with pending adjustment of status cases filed before August 15, 2025, will continue to benefit from the prior February 14, 2023, guidance, which allowed the use of the more favorable Dates for Filing chart in some instances. This transitional provision accommodates those who relied on earlier rules.
The CSPA was designed to protect certain unmarried children under 21 from “aging out” due to lengthy visa processing delays. However, the updated policy introduces stricter criteria: children must file for permanent residency within one year of visa availability unless they can demonstrate extraordinary circumstances.
Immigration advocates have raised concerns that this change will disproportionately affect children of high-skilled immigrants from countries with significant visa backlogs, notably India and China. The policy underscores the challenges faced by immigrant families navigating protracted visa queues, where children risk losing legal status despite growing up in the United States.
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