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The United States Citizenship and Immigration Services (USCIS) has announced a policy update clarifying that the Final Action Dates chart in the Department of State’s Visa Bulletin will now be used to determine when a visa becomes available for calculating age under the Child Status Protection Act (CSPA).
The updated guidance, which takes effect for requests filed on or after August 15, 2025, will be applied consistently by both USCIS and the State Department. Pending adjustment of status applications filed before that date will continue to follow the February 14, 2023, policy, as applicants may have relied on that guidance when filing.
The change addresses inconsistencies created by the 2023 policy, which led to different CSPA age calculations for applicants inside the United States seeking adjustment of status and those abroad applying for immigrant visas through the State Department.
Under U.S. immigration law, an unmarried child must generally be under 21 to qualify for lawful permanent residency based on a parent’s approved petition in the family-sponsored, employment-based, or diversity visa categories. Without CSPA protections, applicants who “age out” by turning 21 before finalising their applications lose eligibility.
The CSPA provides a method to freeze or adjust the age calculation, with eligibility hinging on when a visa number “becomes available.” Applicants must also seek permanent residence within one year of visa availability to benefit from the protection.
USCIS says the update ensures “a consistent CSPA age calculation for aliens who apply for adjustment of status and immigrant visas” and reflects a coordinated approach with the State Department.
