USCIS Updates Policy CSPA Age Calculation

The USCIS is updating the Policy Manual to clarify that, for purposes of Child Status Protection Act (CSPA) age calculation, a visa is considered available based on the Final Action Dates chart published in the Department of State Visa Bulletin. This updated guidance applies to all requests filed on or after August 15, 2025. For adjustment of status applications pending with USCIS before that date, will continue to apply the Feb. 14, 2023, policy, as applicants may have relied on that guidance at the time of filing.

This policy update ensures that both USCIS and the Department of State consistently use the Final Action Dates chart to determine visa availability for CSPA purposes. By aligning these practices, the update promotes uniformity in how age is calculated for applicants seeking either adjustment of status in the United States or immigrant visas abroad. The Feb. 14, 2023, policy had resulted in differing outcomes between these two applicant groups, creating inconsistencies that this update resolves.

Under U.S. immigration law, an unmarried child must generally be under 21 years of age to obtain lawful permanent resident status through a parent’s approved petition in the family-sponsored, employment-based, or diversity visa categories. If the child turns 21 during the immigration process, they “age out” and typically lose eligibility. Congress enacted the CSPA to protect certain applicants by creating an adjusted age calculation that factors in the date a visa number becomes available.

To benefit from the CSPA calculation, applicants in the family-sponsored, employment-based preference, or diversity visa categories must seek to acquire lawful permanent residence within one year of visa availability. This update also clarifies that an applicant meets the “sought to acquire” requirement if they can demonstrate extraordinary circumstances for not applying within that period. If such circumstances occurred during the Feb. 14, 2023, policy period and before August 15, 2025, USCIS will calculate CSPA age under the prior policy.