USCIS Policy Change Puts More Children at Risk of Aging Out

On 08.Aug.2025, the U.S. Citizenship and Immigration Services (USCIS) issued updated guidance in the USCIS Policy Manual, rescinding the policy that allows a child’s age calculation under the Child Status Protection Act (CSPA) sometimes to be based on the more favorable dates-for-filing chart (Chart B), rather than the final-action chart (Chart A) of the monthly visa bulletin. Effective 15.Aug.2025, only Chart A will be used to calculate a child’s age under the CSPA.

CSPA Overview

The CSPA uses a formula to determine when an individual is a child for green card eligibility based on a parent’s immigrant petition. The CSPA treats certain individuals as being under the age of 21 for purposes of enjoying immigration benefits, even though the individual’s biological age actually is 21 years or older. The goal of the CSPA is to provide relief to children who otherwise would age out of eligibility for a green card as a derivative beneficiary of a parent.

The CSPA temporarily freezes a child’s age when a visa number becomes available. It calculates the “CSPA age” by taking the child’s actual age on either the date when the priority date for the green card case became “current,” or the date of the approval of the underlying immigrant petition, whichever is later. The CSPA allows for subtracting the number of days that the immigrant petition was pending with the USCIS. If the CSPA age results in the individual being under 21 years old, that individual is eligible for derivative benefits.

For example, a child is 17 years old when an I-130 immigrant petition is filed for a parent. That petition remains pending for two years and is approved when the child is 19 years old. The child’s priority date becomes current three years later when the child’s actual age is 22. However, because the petition was pending for two years, the child’s CSPA age is only 20 at the time of visa availability, and the child may apply for lawful permanent residency.

USCIS Memo Eliminates Ability to Use Chart B

In calculating the CSPA age of a derivative child with a pending I-485 application, the USCIS will be ending its policy of allowing certain applicants to use the cutoff dates on Chart B, which typically has more favorable cutoff dates. I-485 applications received by USCIS through 14.Aug.2025, will continue to benefit from the February 2023 policy, as explained in detail in the MurthyDotCom InfoArticle, USCIS Expands Eligibility Under the Child Status Protection Act (27.Feb.2023).

Conclusion

This new USCIS policy reduces the protections of the CSPA and creates renewed uncertainty for families with children potentially aging out during the immigration process. Murthy Law Firm is available to consult with anyone seeking guidance on how this policy may affect their individual circumstances.

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