CSPA Age-Out Calculator - Child Status Protection Act | VisaVerge
CSPA Age-Out Calculator
Calculate if your child will age out using the Child Status Protection Act (CSPA) formula. Determine immigration eligibility for family-based and employment-based visas.
About CSPA Age Calculation: The Child Status Protection Act helps protect children from "aging out" of immigration benefits when they turn 21. Our calculator uses the official USCIS formula: CSPA Age = Biological Age at Visa Availability - Petition Pending Time
Enter Child's Information
Calculation Results
Enter the child's information and click "Calculate CSPA Age" to see results
Frequently Asked Questions
The Child Status Protection Act (CSPA) is a U.S. immigration law that helps protect children from "aging out" of immigration benefits when they turn 21. It uses a special formula to calculate a child's age for immigration purposes, potentially keeping them eligible for derivative benefits even if they're over 21 years old biologically.
CSPA age is calculated using this formula: CSPA Age = Child's biological age when visa becomes available - Time the petition was pending. For example, if a child is 21 years and 4 months old when a visa becomes available, and the petition was pending for 6 months, the CSPA age would be 20 years and 10 months.
For family preference and employment-based preference categories, the child must "seek to acquire" lawful permanent resident status within one year of when a visa becomes available. This typically means filing Form I-485 (Application to Adjust Status) or taking steps for consular processing within one year.
No, CSPA applies to immediate relatives, family preference categories, employment-based preferences, and diversity visa applicants. It does NOT apply to K-1 fiancé(e) visas or applications under the Amerasian Homecoming Act. Different rules may apply to different categories.
In February 2023, USCIS updated its policy to use the "Dates for Filing" chart (Chart B) instead of the "Final Action Dates" chart (Chart A) to determine when a visa becomes available for CSPA age calculation purposes. This change is generally more favorable and may help more children avoid aging out.
Yes, if the CSPA calculation shows that the child's CSPA age is under 21, they can still qualify for derivative benefits even if they are biologically over 21. The key is whether their CSPA age (after subtracting the pending time) is below 21 years.
If a child gets married, they generally lose eligibility for derivative benefits under their parent's petition, regardless of their CSPA age. The child must remain unmarried at the time of filing the I-130 petition and when applying for adjustment of status or consular processing.
This calculator provides estimates based on the CSPA formula and current USCIS policies. However, immigration law is complex and individual circumstances vary. For definitive answers and legal advice, always consult with a qualified immigration attorney. The calculator cannot account for all possible scenarios or future policy changes.
Disclaimer: This calculator is for informational purposes only and does not constitute legal advice. Immigration law is complex and individual circumstances may affect eligibility. Always consult with a qualified immigration attorney for specific legal guidance regarding your case.