Child Status Protection Act (CSPA)

What is the Child Status Protection Act (CSPA)?

The Child Status Protection Act (CSPA) is a U.S. law enacted in 2002 designed to protect certain children of immigrants from “aging out” (turning 21 and losing eligibility as a child) while waiting for a visa or green card. 

Under the CSPA, a child’s age for immigration purposes is calculated using a formula that takes into account the time a parent’s petition is pending, so that children may still qualify as dependents even if they turn 21 before the process is complete. 

What Has Recently Changed in CSPA Calculation?

Key Updates

1. Visa Availability Chart Changed – As of August 15, 2025, U.S. Citizenship and Immigration Services (USCIS) updated its policy to use the Final Action Dates chart (Chart A) in the monthly Visa Bulletin (issued by the U.S. Department of State) to determine when a visa becomes available for CSPA age-calculation purposes, rather than the earlier “Dates for Filing” (Chart B).
   • This change means the date when a visa is considered “available” for the CSPA calculation is now aligned with the later Final Action Date chart, which often results in fewer children being able to “lock‐in” their age under 21.

   • For applications filed before August 15, 2025, the previous calculation method (Feb 14, 2023 policy) still applies.

2. Extraordinary Circumstances Clarified – On September 25, 2024, USCIS added new guidance clarifying how children can still qualify under CSPA if they missed the one-year “sought to acquire” window due to extraordinary circumstances.
   • Under this guidance, if a child could show that delays were caused by circumstances beyond their control (for example, serious illness, legal error, or natural disaster), they may still benefit from CSPA protection.

3. Uniformity with Consular Processing – The changes establish parity between how USCIS (for adjustment of status in the U.S.) and the Department of State (for consular processing abroad) calculate CSPA age, meaning the same chart (Final Action Dates) will apply in both contexts. 

Who Is Affected by These Changes?

• Children of parents who are applying for green cards in family-sponsored, employment-based, diversity visa, or derivative refugee or asylee status may be impacted.

• Especially vulnerable are families with children approaching their 21st birthday, since the shift to the Final Action Dates chart tightens the window for qualifying under CSPA.

• Cases filed after August 15, 2025, must use the new methodology, so families should review any pending petitions accordingly.

What Families Need to Know: Practical Implications

1. Re-calculate the Child’s CSPA Age – Using the updated rules, determine:
   • Date when the petition was approved and the visa number became available (based on Final Action Dates)

   • Subtract the number of days the parent’s petition was pending, and check if the resulting age is under 21.

2. Check Filing Date Cut-Off – If your petition or “CSPA age request” is filed before August 15, 2025, you may be grandfathered under the older policy. If after, the stricter standard applies.

3. “Sought to Acquire” Within One Year – To benefit under CSPA, the child must have either applied for their status (adjustment or visa) within one year of the visa becoming available, or qualify for an exemption due to extraordinary circumstances.

4. Act Early If Child is Nearing Age 21 – Because of the tighter window, families should consider filing as early as possible or seek expedited review if the child is close to turning 21.

5. Consult with an Immigration Lawyer – Given the complexity and recent changes, contacting experienced immigration counsel is highly recommended to evaluate how the new rule affects your family’s case.

Key Takeaway

The recent changes to CSPA calculation reflect a significant shift — aligning USCIS with the Department of State’s approach and narrowing the conditions under which children can retain “child” status past 21. While this means fewer cases may qualify moving forward, families with children approaching age 21 or with petitions filed after August 15, 2025, must proactively assess their situation. Understanding the new rules, recalculating eligibility, and acting early are critical steps to protecting a dependent child’s green card eligibility under CSPA.