Important update from USCIS that could impact some dependent children in family- and employment-based immigration cases. This is about the Child Status Protection Act (CSPA) – which is the rule that helps certain kids avoid “aging out” when they turn 21 before their green card process is complete.
So, what's changing?
• Right now (Feb. 14, 2023 – Aug. 14, 2025): USCIS can use the Dates for Filing chart from the Visa Bulletin (if they allow it that month) to decide when a visa becomes available for CSPA purposes. This usually means a child’s age can “lock in” earlier, which gives extra protection.
• Starting Aug. 15, 2025: USCIS will only use the Final Action Dates chart to decide when a visa is available. This lines up with how the Department of State does it – but it also means you lose that earlier lock-in advantage.
Who does this affect?
• If your case is filed before Aug. 15, 2025, the current “Dates for Filing” rule can still apply.
• If your case is filed on or after Aug. 15, 2025, it will follow the new “Final Action Dates only” rule.
Why does it matter?
Final Action Dates are often months (or even years) later than Dates for Filing. For kids close to turning 21, that extra wait could mean the difference between staying eligible or aging out.
A quick example
• Current policy (before Aug. 15, 2025): Visa is available Sept 2025 – CSPA age = 20 – Child is protected.
• New policy (after Aug. 15, 2025): Visa is available Jan 2026 – CSPA age = 21 – Child ages out.
What to do next
If you have a child nearing 21, let us know as soon as you can. We’ll review your case and see if it makes sense to file before the Aug. 15, 2025 change to help preserve CSPA protection.
We know these rules can be confusing, but we’re here to make sure you understand how they affect your family and your case.