CSPA Age-Out Calculator

The Child Status Protection Act (CSPA) is a U.S. immigration law enacted in 2002 that helps protect children from "aging out" of immigration benefits when they turn 21. Without CSPA, a child who turns 21 while waiting for a green card would lose their status as a "child" and either become ineligible or be placed in a different, often longer category. CSPA uses a special formula to calculate a child's age for immigration purposes, potentially keeping them eligible even if they're biologically over 21.

Major policy reversal: Starting August 15, 2025, USCIS now uses only the Final Action Dates chart (Chart A) to determine when a visa "becomes available" for CSPA calculations. From February 2023 until August 2025, USCIS had used the more favorable "Dates for Filing" chart (Chart B). Since Final Action Dates are typically later than Dates for Filing, fewer children will qualify for CSPA protection under the new policy. Grandfathering: Applications filed before August 15, 2025 will continue under the old policy.

CSPA age = (Child's age when visa becomes available) − (Time petition was pending). For example, if a child is 21 years and 6 months old when a visa becomes available, and the petition was pending for 1 year, the CSPA age would be 20 years and 6 months (under 21, so protected). The "pending time" is from when the petition was filed until it was approved.

For family preference and employment-based 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 (Adjustment of Status) or taking steps for consular processing within that year. The August 2025 policy update clarified that USCIS may consider "extraordinary circumstances" for those who missed the one-year deadline.

CSPA applies to: Immediate relatives (children of US citizens), Family preference categories (F1, F2A, F2B, F3, F4), Employment-based preferences (EB-1 through EB-5 derivatives), and Diversity visa applicants. CSPA does NOT apply to K-1 fiancé(e) visas or derivative K-2 children. Different calculation rules may apply to different categories.

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 Form I-130/I-140 and when applying for adjustment of status or immigrant visa. Marriage fundamentally changes their immigration status and category.

If the CSPA age calculation results in an age over 21, the child has "aged out" and typically loses derivative status. However, there may be options: For F2A category, the aged-out child may automatically convert to F2B. For other categories, a new separate petition may need to be filed. Consulting an immigration attorney is strongly recommended to explore all options.

Immediate Relatives have special CSPA rules. Since IR visas are always "immediately available" (no waiting for visa numbers), the child's age is "frozen" on the date the I-130 petition is filed. If the child was under 21 when the petition was filed and remains unmarried, they're protected regardless of how long processing takes. This is more favorable than preference categories.