New USCIS Rule Could Shorten CSPA Protection for Children — What Families Must Know

Effective August 15, 2025, the U.S. Citizenship and Immigration Services (USCIS) will change how it calculates a child’s age under the Child Status Protection Act (CSPA) for both adjustment of status cases inside the U.S. and consular processing cases abroad.

Under the new rule, only the “Final Action Dates” chart from the State Department’s Visa Bulletin will be used to determine if a child is under 21 for green card eligibility.

What’s Different from Before?

• Old policy (Feb 14, 2023 – Aug 14, 2025): USCIS allowed families to use the “Dates for Filing” chart if it was more favorable, giving children a better chance to stay eligible.
• New policy (starting Aug 15, 2025): Only the slower-moving Final Action Dates will be used for age calculations. This means some children may “age out” before a green card is available.

Does This Apply to Old or New Cases?

• Filed before Aug 15, 2025: You stay under the old, more favorable policy (Dates for Filing can be used).
• Filed on or after Aug 15, 2025: You must follow the new policy (Final Action Dates only).

Why This Matters
The Final Action Dates often move much slower than Dates for Filing. This increases the risk that children close to turning 21 will lose “derivative” eligibility for a green card and may have to start over under a different visa category.

What You Should Do Now

File before Aug 15, 2025 if you qualify — this could protect your child from aging out.

Check the Visa Bulletin regularly to see if your priority date is close to becoming current.

Plan ahead if your child is near 21:

• Consider student visas (F-1), work visas, or other legal pathways.

Get legal advice from an immigration attorney familiar with CSPA — especially for time-sensitive cases.

Quick Facts

• Change date August 15, 2025
• Old cases protected: Yes, if filed before this date
• Main risk: Higher chance of children aging out before a green card is available
• Best action: File early, monitor dates, consult an attorney

This change is time-sensitive and could have lifelong immigration consequences for families with older children. Acting quickly — and strategically — can make the difference between keeping or losing eligibility.