On August 8, 2025, US Citizenship and Immigration Services (USCIS) has issued updated guidance clarifying how visa availability is determined for the purposes of calculating age under the Child Status Protection Act (CSPA). Effective August 15, 2025, USCIS will use the Final Action Dates chart from the Department of State’s Visa Bulletin to determine when a visa becomes available for CSPA age calculation.
This update aligns USCIS policy with the Department of State’s approach, ensuring consistent treatment of CSPA age calculations for both adjustment of status applicants in the US and immigrant visa applicants abroad.
Key Highlights of the Policy Update:
- Final Action Dates Chart: USCIS will now use the Final Action Dates chart – not the Dates for Filing chart – to determine visa availability for CSPA age calculation.
- Effective Date: The new policy applies to requests filed on or after August 15, 2025.
- Pending Applications: USCIS will continue to apply the February 14, 2023 policy to adjustment of status applications that were pending before August 15, 2025, recognizing that applicants may have relied on that guidance when filing.
- Extraordinary Circumstances: Applicants who missed the one-year deadline to seek lawful permanent residence due to extraordinary circumstances may still benefit from CSPA protections under the prior policy.
Background on CSPA
The Child Status Protection Act was enacted to prevent certain children from “aging out” of eligibility for lawful permanent residence due to administrative delays. Under CSPA, a child’s age is “frozen” based on when a visa becomes available, allowing them to remain eligible under their parent’s approved petition.
Previously, USCIS’s February 14, 2023 policy allowed applicants to use the Dates for Filing chart for CSPA age calculation. However, this created inconsistencies between USCIS and the Department of State, leading to unequal treatment of applicants depending on whether they were applying from within or outside the US.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.