USCIS CSPA Age Calculation: Challenges for NRI Families

USCIS CSPA: In a move set to significantly impact immigrant families, the US Citizenship and Immigration Services (USCIS) has announced a major CSPA age calculation update that will take effect for requests filed on or after August 15, 2025. This policy shift clarifies that visa availability for Child Status Protection Act (CSPA) purposes will now be determined using the Final Action Dates chart from the Department of State’s Visa Bulletin — a change that could shorten the protection period for many children at risk of “aging out.”

USCIS CSPA: Aligning USCIS and State Department Policy

Previously, USCIS relied on the Dates for Filing chart when calculating a child’s CSPA age, while the Department of State used the Final Action Dates chart. This inconsistency meant children applying for green cards inside the U.S. could have a different age calculation outcome than those applying abroad.

With the new USCIS CSPA age calculation update, both agencies will use the Final Action Dates chart, ensuring a uniform definition of when a visa becomes “available.” Under this rule, a visa is only considered available once the Final Action Date is current — a standard that could mean certain applicants will “age out” sooner than under the previous policy.

Understanding the CSPA

The Child Status Protection Act was created to protect children of immigrants from losing eligibility for a green card if they turned 21 during the lengthy immigration process. By adjusting the way a child’s age is calculated, the CSPA has helped countless families avoid heartbreaking separations caused by visa backlogs.

However, for children of Indian H-1B workers, who already face wait times that can stretch into decades, the new calculation method may narrow the window of protection. Many of these children were raised in the U.S., attend American schools, and consider the country their home — yet could be forced to leave when they “age out” of eligibility.

USCIS CSPA: Impact on Pending and New Applications

The new policy applies only to applications filed on or after August 15, 2025. Pending cases will still follow the February 14, 2023, guidance. USCIS also reiterated that applicants who miss the one-year filing deadline after visa availability may still qualify under the extraordinary circumstances provisions.

Concerns from the Indian-American Community

Advocates for immigrant families warn that this shift could disproportionately harm Indian-American households, given the severe employment-based green card backlog. For many, the USCIS CSPA age calculation update feels like a step backwards, making it harder for children to maintain lawful status despite growing up in the U.S.