USCIS Policy Change May Affect Children’s Green Card Eligibility

USCIS has announced a policy change that may affect whether certain children can remain eligible for a green card as part of their parent’s application. This change involves the Child Status Protection Act (CSPA) — the law that can help protect children from “aging out” when they turn 21 during the immigration process.

What’s Changing?
• Until now, USCIS sometimes used one chart (“Dates for Filing”) to calculate whether a child still qualified under CSPA.
• Starting August 15, 2025, USCIS will only use the Final Action Dates chart for this calculation.

Why This Matters
If your child turns 21 before a visa is considered “available” under the new chart, they may lose eligibility to immigrate with you — even if you filed earlier.

Who Might Be Affected
• Family-based green card applicants in the F2A category (spouses and unmarried children of permanent residents)
• Employment-based green card applicants with dependent children nearing age 21

Next Steps
If your case involves a child who is close to turning 21 — or if you were planning to file based on the Dates for Filing chart — it’s important to review your situation now. Acting before August 15, 2025 may help preserve your child’s eligibility, but the impact varies by case.