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USCIS will stop using the more lenient Dates for Filing chart and switch to the stricter Final Action Dates chart for Child Status Protection Act (CSPA) age calculations.
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To align with the Department of State and eliminate inconsistent outcomes between applicants inside and outside the US.
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Children close to turning 21 may lose eligibility under the new standard unless they apply before August 15.
The US Citizenship and Immigration Services (USCIS) has announced it will adopt a stricter definition of when a visa is “available” for CSPA purposes starting August 15, 2025.
This change will bring USCIS in line with the Department of State’s Final Action Dates chart, replacing the more favorable Dates for Filing chart currently used for adjustment of status applicants in the US.
The CSPA, enacted in 2002, prevents children from “aging out” (losing eligibility for a green card upon turning 21) during immigration delays.
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The current inconsistency has allowed those applying inside the US to benefit from more generous age calculations than those applying from abroad — a disparity that has drawn criticism from immigration lawyers and families.
USCIS says it will still honor the older, more lenient standard for adjustment cases pending before February 14, 2023, and will show flexibility for applicants who missed deadlines due to extraordinary circumstances.
Advice from immigration lawyers: Families with children nearing 21 should file their applications before August 15 to preserve eligibility under the more favorable rules.