USCIS Aligns CSPA Age Calculation With Visa Bulletin Final Action Dates

(UNITED STATES) USCIS confirms it will use the Department of State’s Final Action Dates chart in the Visa Bulletin to decide when a visa “becomes available” for Child Status Protection Act age calculation, starting August 15, 2025. The change aims to ensure consistent treatment for families filing inside and outside the country.

USCIS will keep applying the February 14, 2023 policy to adjustment of status cases already pending before August 15, 2025, because many families relied on that guidance when they filed. The agency says this shift creates one clear standard across USCIS and the State Department.

What the rule changes now mean

The Child Status Protection Act (CSPA) protects certain unmarried children from “aging out” at 21 while waiting in visa backlogs. Under the statute, a child’s CSPA age equals their age when a visa becomes available, minus the time the underlying petition (like an I-130 or I-140) was pending with the government.

Under the update:

• The visa “availability” date for CSPA will come from the Visa Bulletin’s Final Action Dates chart, not the Dates for Filing chart.
• This applies to requests filed on or after August 15, 2025.
• Pending adjustment of status cases filed before that date remain under the February 14, 2023 approach.

Why USCIS made this change

• The 2023 policy produced different outcomes depending on where children applied. USCIS sometimes used the Dates for Filing chart for adjustment applicants in the U.S., while the State Department used Final Action Dates for consular immigrant visas abroad.
• As a result, siblings in the same family—one applying from abroad and one from inside the U.S.—could receive different CSPA ages.
• The update aligns USCIS with the State Department to eliminate that mismatch and provide a single standard.

Key terms explained simply

• Child Status Protection Act (CSPA): A law helping some children remain classified as “under 21” for green card purposes, even if they turn 21 during long waits.
• Visa Bulletin: The State Department’s monthly list showing which green card categories are current by country and month/year.
• Final Action Dates: The chart that shows when a green card can actually be issued that month. If your priority date is earlier than the posted date, a visa number is available.

Who is affected now

• Family-sponsored, employment-based, and Diversity Visa cases involving unmarried children under 21 are directly affected.
• Adjustment applicants with cases pending before August 15, 2025 keep the 2023 policy. That may include reliance on Dates for Filing during that period.
• New filers on or after August 15, 2025 must use Final Action Dates for CSPA calculations.

The “sought to acquire” rule and the one-year clock

• To benefit from CSPA, a child generally must “seek to acquire” permanent residence within one year of visa availability. Typical qualifying action: filing Form I-485 (Application to Register Permanent Residence or Adjust Status) within one year after a visa becomes available.
• USCIS may excuse missing that one-year window for extraordinary circumstances—examples include serious illness, major legal changes, or events beyond the applicant’s control.
• If extraordinary circumstances blocked filing during the 2023 policy period, USCIS may still use the 2023 policy to calculate CSPA age for those cases.

How to apply the new standard (step-by-step)

1. Find your category and country in the State Department’s Visa Bulletin.
   Use the Final Action Dates chart to see if a visa is available for your priority date.
2. Mark the first day of the month when your family’s priority date becomes current under Final Action Dates.
3. Calculate the child’s age on that date.
4. Subtract the petition’s pending time (from filing to approval).
5. Check if the result is under 21. If yes, the child may qualify for CSPA protection, but they must still meet the “sought to acquire” step within one year unless excused.
6. If the visa later retrogresses (moves backward), filing as soon as it becomes available can be key to locking in CSPA eligibility.

Two quick examples

• Example A:
  • Parent’s I-130 took 14 months to approve.
  • Final Action Date becomes current on June 1.
  • Child is 21 years and 4 months on June 1.
  • Subtract 14 months → CSPA age = 20 years and 2 months → protected if the child files I-485 within one year.
• Example B:
  • Parent’s I-140 took 6 months to approve.
  • Final Action Date becomes current on October 1.
  • Child is 21 years and 1 month on October 1.
  • Subtract 6 months → CSPA age = 20 years and 7 months → protected with timely “sought to acquire.”

What if the visa keeps moving backward and forward?

• USCIS may still use the first date the visa became available—even if it later became unavailable—when evaluating extraordinary circumstances.
• Applicants should document efforts to file when the date was current and explain any barriers outside their control.

What families should do now

• Track the Final Action Dates chart monthly. The State Department posts the Visa Bulletin online.
• Prepare filings early: gather records, civil documents, birth certificates, translations, photos, medical exam timing, and filing fees.
• Keep proof of delays outside your control. If you need an extraordinary circumstances excuse, detailed evidence helps.
• For adjustment filing, use Form I-485. Keep I-130/I-140 receipts and approval notices for family and employment cases respectively.
• Always use the latest official forms; check the USCIS I-485 page at uscis.gov/i-485.

Voices from the field

• Many attorneys welcome the shift to Final Action Dates for CSPA consistency, noting that families now have a single standard regardless of where they apply.
• Advocates caution that long backlogs still push children near or past 21, especially in large family categories, and urge Congress to address visa limits that cause years-long waits.
• As reported by VisaVerge.com, alignment across agencies reduces confusion and errors while families plan for filing windows and documentation.

What stays the same

• The CSPA formula—age at visa availability minus petition pending time—remains intact.
  The change is the visa availability point, now tied to Final Action Dates.
• The one-year “sought to acquire” rule still applies, with allowance for well-documented extraordinary circumstances.

Deadlines and dates to remember

Important: If your case was filed before August 15, 2025, you may still be covered by the February 14, 2023 policy. New filings on or after August 15, 2025 must follow Final Action Dates.

Practical tips for parents and teens

• Check Final Action Dates monthly and set calendar reminders.
• If you expect to file I-485, line up civil documents, birth certificates, translations, and photos early.
• If you risk aging out, ask your attorney to calculate CSPA age in writing and update it as the Visa Bulletin changes.
• If you miss the one-year filing window, gather medical records, travel proofs, or other documents showing extraordinary circumstances.

Big picture takeaway

USCIS and the State Department will now use the same standard—Final Action Dates—for CSPA timing. That alignment gives families clearer planning, fewer surprises, and better odds to keep children protected as they move toward permanent residence in the United States.