OPINION-US VISA | IMMIGRATION CORNER: USCIS changes CSPA age calculation
On Aug. 8, 2025, the US Citizenship and Immigration Services (USCIS) issued a policy alert, announcing it will no longer use the “Dates for Filing” chart in calculating a child’s age under the Child Status Protection Act (CSPA-age). Instead, it will return to its previous practice and use the “Dates for Filing” chart for all Adjustment of Status applications filed on or after Aug. 15, 2025.
Applicants may still use the Dates for Filing chart when determining when an adjustment application can be filed with USCIS. This new policy only affects the CSPA age calculation.
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By way of background, a child’s CSPA age is calculated by subtracting the number of days a petition was “pending” from the applicant’s age on the date a visa becomes available. A visa is considered available on the latter of (1) petition approval or (2) the date a visa became available in the Visa Bulletin.
However, the monthly visa bulletin has two charts concerning visa availability: the dates for filing chart and the final action dates chart. Since 2023, USCIS has calculated a child’s age based on whether a visa was available (or the priority date was current) on the dates for filing chart, which was more advantageous to children, as a priority date became current much sooner than on the final action dates chart. Under this new policy change, the date a visa becomes available will be based on the Final Action Dates.
This could also create a problem or dilemma because a child in the US could file for adjustment of status based on the dates for filing chart, but that is no guarantee they would eventually be CSPA eligible, as they must then wait for the priority date to become current in the final action dates chart in order to determine if they can benefit from the CSPA. If they do, everything is fine. But if they filed for adjustment of status using the date for filing chart, and it is later determined that they aged out under the final action dates chart, their adjustment will be denied. With a denial, it’s possible that under the Trump administration, a notice to appear (NTA) could be issued.
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In all honesty, this new policy (which is actually a return to the policy that had been in effect since 2002) will now treat children within the US (seeking the adjustment) and children outside the US (who are consular processing) the same way. This is because since 2023, USCIS had been using the date for filing chart, whereas the embassy had always relied on the final action dates chart. As a result, a child could be refused a visa if consular processing, but that very same child would be CSPA eligible if adjusting status. Therefore, a child’s CSPA eligibility depended on whether they were within or outside the US. In fact, I have had some consultations dealing with children who aged out in the US embassy in Manila. However, had they been in the US adjusting status (and using the date for filing chart), their green card would have been approved.
Also, be aware there is the additional CSPA requirement that the child must “seek to acquire” a visa within one year of visa availability. This could be accomplished by submitting their adjustment of status or DS-260 within one year of visa availability. In other words, even with the child’s age calculated to be under 21 using the final action dates chart, the child has a one-year deadline to apply for their visa, or they lose CSPA benefits.
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If you have any questions or issues about CSPA eligibility, you should consult with an attorney, who can evaluate your situation and assist in determining if your child qualifies.
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