The recent USCIS policy update on the Child Status Protection Act (CSPA), effective August 15, 2025, represents a significant shift from the previous policy. The change primarily affects the chart from the monthly Visa Bulletin is used to determine when a visa “becomes available” for CSPA age calculation. This distinction is critical because it can determine whether a child “ages out” of a family or employment-based petition. 

Background on CSPA

The CSPA was enacted to protect certain dependent children from “aging out” of eligibility for a green card when they turn 21 before their parent’s application for permanent residence is adjudicated. The CSPA provides a formula for calculating a “CSPA age,” which can, in some cases, freeze the child’s age as under 21, allowing them to remain eligible as a derivative beneficiary. The way USCIS determines the “visa availability date” is critical — it directly affects whether a child can benefit from the CSPA.

The Previous USCIS Policy (Pre-August 15, 2025)

Prior to August 15, 2025, USCIS had a more expansive policy for CSPA age calculation, which was instituted in February 2023. Under this policy, USCIS allowed adjustment of status applicants to use the “Dates for Filing” chart in the Department of State’s Visa Bulletin to determine if a visa was “available” for CSPA purposes.

• Dates for Filing Chart: This chart, often referred to as Chart B, typically has earlier dates than the Final Action Dates chart. This means that a child’s CSPA age could be “locked in” much earlier in the process.

This policy was seen as a benefit to many families, especially those from countries with long visa backlogs, as it gave their children a greater window of time to remain eligible for a green card.

The New USCIS Policy (Effective August 15, 2025)

The new guidance, effective on August 15, 2025, and applying to all adjustment of status applications filed on or after this date, changes this. Under the new rule, USCIS will revert to using the “Final Action Dates” chart to determine visa availability for CSPA age calculation.

• Final Action Dates Chart: This chart, also known as Chart A, represents the final dates on which visas can be issued. The dates on this chart are typically more retrogressed (further behind) than those on the Dates for Filing chart.

This policy change aligns USCIS with the Department of State, which has consistently used the Final Action Dates chart for consular processing. USCIS cites a desire for consistency between the two agencies as a key reason for the change.

Comparison and Impact

The main difference between the two policies lies in which date is used to freeze a child’s age.

• Old Policy (pre-Aug 15, 2025): Used the Dates for Filing chart, which provided a more generous window of time. This allowed many children to have their CSPA age locked in earlier, reducing their risk of aging out.
• New Policy (post-Aug 15, 2025): Uses the Final Action Dates chart, which has more advanced cutoff dates. This shortens the period during which a child is protected by CSPA, increasing the likelihood that some children may “age out” before their green card is approved.

Conclusion

For families with children nearing their 21st birthday, this change means that even if they are eligible to file their adjustment of status application under the Dates for Filing chart, their child’s CSPA age will continue to accrue until their priority date becomes current under the Final Action Dates chart. This can have a significant and potentially negative impact on their eligibility.