USCIS changes policy that protected children of green card applicants from ‘ageing out’, H-1B parents fret

The US Citizenship and Immigration Services (USCIS) has updated its policy manual on the Child Status Protection Act (CSPA) age calculation. Starting August 15, 2025, for any requests filed on or after that date, visa availability for CSPA age calculations will be determined using the Final Action Dates chart from the Department of State’s Visa Bulletin.

According to USCIS, the Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old. If someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. 

This situation is commonly referred to as “aging out” and often means that these applicants would have to file a new petition or application, wait even longer to get a Green Card, or may no longer be eligible for a Green Card.

USCIS will now use the Final Action Dates chart, instead of the Dates for Filing chart, to determine visa availability for CSPA age calculations. This aligns its policy with the Department of State and may shorten the time children remain protected under CSPA, increasing the risk of aging out sooner.

This policy came as a matter of worry for the Indian H-1B families as many of them are facing visa backlogs. Children born outside the US may lose green card eligibility after turning 21.

Who can apply for CSPA?

CSPA applies only to the following people:

• Immediate relatives (including derivatives of widow(er)s)
• Family-sponsored preference principal applicants and derivative applicants
• Violence Against Women Act (VAWA) self-petitioners and derivative applicants
• Employment-based preference derivative applicants
• Diversity Immigrant Visa (DV) derivative applicants
• Derivative refugees
• Derivative asylees