On August 08, 2025, USCIS announced that it was updating its Policy Manual to clarify that a visa becomes available for the purposes of Child Status Protection Act age calculation based on the Final Action Dates chart of the Department of State Visa Bulletin. The new guidance applies to requests filed on or after August 15, 2025. USCIS will apply the February 14, 2023, policy of CSPA age calculation to adjustment of status applications pending with USCIS before August 15, 2025, as these aliens may have relied on that policy when they filed.    

If an alien is applying for adjustment of status under a family-sponsored, employment-based preference, or diversity visa, they must seek to acquire lawful permanent residence within one year of when a visa becomes available to benefit from the CSPA age calculation. Generally, an unmarried alien child must be under age 21 to obtain lawful permanent resident status in the United States based on their parent's approved petition for a family-sponsored, employment-based, or diversity visa. If they turn 21 and age out during the immigration process, they generally are no longer eligible to immigrate based on their parent's petition. Congress enacted the CSPA to protect certain alien children from losing their eligibility for lawful permanent resident status based on an approved visa petition. The CSPA provides a method to calculate the alien's age that considers when an immigrant visa number “becomes available.”  

At SanSha Law Office PLLC, we are committed to guiding you through this process with expeditiousness and efficiency.

Disclaimer

This blog is intended for general information purposes only and is not intended to be nor should it be construed as legal advice. You should not act or rely on any information in this blog without seeking the advice of a competent, licensed immigration attorney. We regularly update our blog section to acquaint the community with the latest changes in Immigration policies. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.