USCIS Updates Policy for Age Calculation under the CSPA
The U.S. Citizenship and Immigration Services (USCIS) announced an update to its Policy Manual to clarify how the age of beneficiaries is calculated under the Child Status Protection Act (CSPA). The new guidance will take effect on August 15, 2025, and seeks to unify the calculation method applied by both USCIS and the Department of State to determine visa availability.
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- Objective of the Update
The change ensures that, for CSPA age calculation, the Final Action Dates chart published in the Department of State’s Visa Bulletin will be used.
Previously, the policy implemented on February 14, 2023, created inconsistencies among applicants:
In the United States: those applying for adjustment of status with USCIS.
Outside the U.S.: those applying for an immigrant visa at embassies or consulates.
With the update, all applications will follow a single calculation criterion, avoiding differences in eligibility.
- Impact for Adjustment of Status Applicants
The CSPA protects certain unmarried foreign children who, upon turning 21 during the immigration process, could lose their eligibility to obtain lawful permanent residence.
With this update:
Applications filed on or after August 15, 2025, will automatically apply the new calculation.
Applications pending before August 15, 2025, will also be evaluated under the February 14, 2023 policy, provided that applicants relied on that rule to begin their process.
The calculation will be based on the date a visa number becomes available according to the Final Action Dates chart.
- Key Requirements and Benefits of the CSPA
The CSPA allows certain children to maintain eligibility for lawful permanent residence even if they reach age 21 during the immigration process. The main points are:
It applies to family-based, employment-based, or diversity sponsorship applications.
To benefit from the CSPA, the applicant must file for permanent residence within one year of visa availability.
In cases of extraordinary circumstances, USCIS may accept applications outside the usual deadline and calculate the age under the policy in effect at the time of filing.
- Extraordinary Circumstances
USCIS clarifies that it will consider an applicant to have met the “intent to acquire” permanent residence requirement if:
They demonstrate extraordinary reasons that prevented them from filing within the year after visa availability.
These circumstances will be evaluated on a case-by-case basis.
If the application was filed between February 14, 2023, and August 15, 2025, and it is shown that delays were justified, the age will be calculated under the policy in effect during that period.
Conclusion
The USCIS policy update seeks to standardize the calculation of age under the CSPA and ensure that applicants, both inside and outside the U.S., receive the same treatment. For those in the process of adjusting status or applying for immigrant visas, it is essential to review the Visa Bulletin dates and act within the established timeframes.
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