USCIS Will Use Final Action Dates Chart to Calculate CSPA Age

(U.S. Citizenship and Immigration Services) U.S. Citizenship and Immigration Services (USCIS) will apply the State Department’s Visa Bulletin “Final Action Dates” chart exclusively to determine a child’s age under the Child Status Protection Act starting August 15, 2025, a shift that could change green card outcomes for thousands of families. The agency said the update restores uniform treatment between people adjusting status and those applying for immigrant visas abroad, ending a two‑year period in which many relied on the “Dates for Filing” chart to lock in protection.

The new policy governs Child Status Protection Act, or CSPA, calculations for all adjustment of status filings made on or after August 15, 2025. For cases filed during the prior policy window—February 14, 2023 through August 14, 2025—the earlier approach continues to apply. USCIS kept a limited extraordinary circumstances safety valve for applicants who missed the one‑year “seek to acquire” deadline during that window for reasons beyond their control.

Policy changes and effective dates

Under the change, officers will look only to the month when a priority date first becomes current on the Visa Bulletin’s Final Action Dates chart to decide when a visa is “available” for CSPA purposes. Before this update, USCIS sometimes used the Visa Bulletin’s “Dates for Filing” chart, which often showed earlier cut‑offs and helped more children remain under 21 for immigration purposes.

Key details:
– Effective date: August 15, 2025, for newly filed adjustment applications and related requests.
– Grandfathering: Adjustment cases filed between February 14, 2023 and August 14, 2025 retain the more flexible rule (i.e., Dates for Filing can still apply for those filings).
– Alignment with State Department: Consular visa processing has always used Final Action Dates, so this update removes a split between domestic and overseas processing.
– Limited relief: USCIS will consider the February 14, 2023 policy where an applicant shows extraordinary circumstances that prevented filing within one year of visa availability during that earlier period.

USCIS set out the legal framework and step‑by‑step method in its Policy Manual, Volume 7, Part A, Chapter 7, updated in August 2025. The manual explains how to identify when a visa becomes available and how to subtract petition processing time from a child’s biological age. The policy alert and manual update are available on the USCIS website: https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7.

Impact on families and employers

The most immediate effect will be felt by dependents whose priority dates are current on the “Dates for Filing” chart but not yet current on Final Action Dates. Those children may now “age out,” turning 21 before a visa is considered available, and losing eligibility to adjust as derivatives under family‑ or employment‑based petitions.

Advocacy groups warn that the new rule lands hardest on long‑waiting categories, such as family‑sponsored lines where backlogs run years. According to analysis by VisaVerge.com, many households will have to re‑check each month’s Visa Bulletin with extra care, since even small movements on the Final Action Dates chart can decide whether a child remains protected or times out.

USCIS argues the shift brings clarity and fairness by using the same chart across both paths to permanent residence. The Department of State has always applied Final Action Dates at consulates, and mixed rules had caused confusion and, at times, litigation risk. The agency also noted that clear rules can reduce case errors.

Practitioners’ cautions and employer concerns:
– Less officer discretion may increase the chance of a denial if filings are incomplete.
– Families should expect fewer Requests for Evidence (RFEs) in cases that fail to meet core rules.
– Employment‑based sponsors face similar timing risks: when Visa Bulletin movement stalls, a child’s CSPA age can “freeze” later than expected. Employers may need to:
– start separate petitions for older teens,
– consider different visa categories if available, or
– evaluate temporary status options while waiting.

What applicants should do now

Families and employers should take practical steps that match the new framework:

1. Confirm the petition’s priority date and track the Visa Bulletin each month, focusing on the Final Action Dates chart for the correct category and country.
2. Identify the first month the priority date becomes current on Final Action Dates—that is the date USCIS will use for CSPA visa availability.
3. Calculate the CSPA age by subtracting the time the underlying petition was pending from the child’s actual age on that visa‑availability date.
4. If the CSPA age is under 21, act quickly. The child must “seek to acquire” permanent residence within one year of that date to keep protection.
5. If a family missed the filing window between February 14, 2023 and August 14, 2025, gather proof of any extraordinary circumstances and request consideration under that earlier policy.

Important practical notes:
– While CSPA aims to shield children from processing delays, it cannot fix every backlog. The stricter focus on Final Action Dates means planning is more important than ever.
– Small gaps—such as waiting for a document or a fee payment—can push a case past a child’s protected window.
– Attorneys point out that retrogression (when the Visa Bulletin moves backward) does not usually undo a child’s already‑locked CSPA age if they met the “seek to acquire” rule within one year. Nevertheless, families should not assume future months will stay favorable; acting during the first eligible month remains the safest path.

For pending cases filed during the February 2023 to August 2025 period, the message is different: those applicants keep the benefit of the earlier policy that allowed the Dates for Filing chart for CSPA calculations. If a child qualified under that rule, families should still meet the one‑year action requirement and keep records that show timely steps.

Key takeaway: Track Final Action Dates closely, calculate CSPA age carefully, and file promptly when protection is available. Missing small deadlines can mean losing derivative status.

Stakeholders expect USCIS and the State Department to continue using Final Action Dates for CSPA unless Congress changes the law. Some advocates urge lawmakers to expand protections for children stuck in long backlogs.