USCIS has updated its Policy Manual, effective August 15, 2025, to clarify how it calculates a child’s age under the Child Status Protection Act (CSPA). The new guidance confirms that a visa is considered “available” for CSPA age calculation purposes based on the Final Action Dates chart in the Department of State’s Visa Bulletin. This update applies to all applications filed on or after August 15, 2025. However, for cases filed before that date, USCIS will continue using the February 14, 2023, policy, recognizing that applicants may have relied on it when submitting their petitions.

This policy change aligns USCIS with the Department of State by using the same chart to determine visa availability. Previously, the use of different charts created inconsistent outcomes for applicants applying inside versus outside the U.S. The revised approach ensures a more equitable and predictable CSPA age calculation for all applicants, regardless of where they apply.

CSPA was designed to protect children from “aging out” of eligibility for permanent residence when they turn 21 during the immigration process. It does so by allowing their age to be “frozen” based on visa availability. To benefit from this protection, applicants must generally apply for a green card within one year of a visa becoming available. However, USCIS may still grant protection if there were extraordinary circumstances that prevented timely filing — and in such cases filed before August 15, 2025, the 2023 policy will still apply.

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USCIS Updates Policy on CSPA Age Calculation | USCIS

20240925-CSPAAgeCalculation.pdf