USCIS Policy Change: CSPA Age Calculation Will Use Final Action Dates Only Starting August 15, 2025

On August 8, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a significant policy change affecting how the Child Status Protection Act (CSPA) age is calculated for Adjustment of Status applicants. Effective August 15, 2025, USCIS will exclusively use the Visa Bulletin’s Final Action Dates chart—not the Dates for Filing chart—when determining an applicant’s CSPA age for all Adjustment of Status applications filed on or after that date.

While this change does not impact when you can file using the Dates for Filing chart, it will directly affect how your CSPA age is calculated and, in turn, whether you remain eligible as a “child” under immigration law.

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Background: Understanding CSPA Age

The Child Status Protection Act helps certain applicants avoid “aging out” when they turn 21 before their green card application is approved.

How CSPA Age Is Calculated:

1. Determine the applicant’s age when a visa becomes available.

2. Subtract the amount of time the underlying petition was pending.

3. The “visa availability” date is the later of:

• The petition approval date, or

• The date a visa becomes available in the Visa Bulletin.

Before this policy change, USCIS allowed applicants (from Feb. 14, 2023 to Aug. 14, 2025) to use the Dates for Filing chart when determining visa availability for CSPA purposes.

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What Is Changing on August 15, 2025

For Adjustment of Status applications filed on or after August 15, 2025, USCIS will:

• Use only the Final Action Dates chart to determine visa availability for CSPA age calculations.

• Eliminate the option of using the Dates for Filing chart for this purpose.

This means that for many applicants—especially derivative beneficiaries in family-based and employment-based categories—the CSPA age calculation will be based on a later visa availability date, increasing the risk of aging out before the green card process is complete.

Who Is Not Affected

• Adjustment applications properly filed before August 15, 2025 can still rely on the Dates for Filing chart for CSPA purposes if that chart was used at the time of filing.

• Consular processing cases are unaffected, as they have always relied on Final Action Dates for CSPA age.

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Policy Impact for Adjustment Filings Using Dates for Filing

This change reintroduces a challenge that existed before February 14, 2023—uncertainty about whether a derivative applicant will still qualify under CSPA when a visa becomes available. Filing using the Dates for Filing chart after August 15, 2025, will require estimating future Final Action Date movement, and there is no guarantee the applicant will still be under 21 for CSPA purposes when that time comes.

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USCIS Recommendations and Practical Tips

USCIS and immigration experts recommend:

1. File Before August 15, 2025

• If you have family or employment-based Adjustment of Status cases with derivative beneficiaries, or family-based 2A preference cases eligible only under the Dates for Filing chart, file now to lock in the current calculation method.

2. Review Previously Ineligible Cases

• Some applicants who were previously denied CSPA protection under the Dates for Filing chart may now qualify under the Final Action Dates chart. Reassess these cases for potential eligibility.

3. Be Mindful of the “Sought to Acquire” Requirement

• Applicants must still take action to pursue permanent residency within one year of visa availability. Failure to do so can result in loss of CSPA protection.

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Key Takeaways

• Effective August 15, 2025, CSPA age for Adjustment of Status applicants will be calculated using only the Final Action Dates chart.

• This policy shift could cause more applicants to “age out” before a visa becomes available.

• Adjustment applications filed before August 15, 2025, can still rely on the Dates for Filing chart for CSPA purposes.

• Act quickly if you have a pending or eligible case that benefits from the current calculation method.

If you are unsure how this policy change impacts your immigration case or your child’s eligibility, seeking legal guidance is critical. Immigration timelines can be unpredictable, and acting before policy deadlines can make the difference between approval and losing eligibility.

If you need experienced legal guidance for your CSPA-related Adjustment of Status case, contact SG Legal Group today. Our team is committed to helping you navigate complex immigration rules with confidence. Call us at 410-344-7100 or visit our contact page to schedule a consultation.