The United States Citizenship and Immigration Services (USCIS) has announced a pivotal change to the Child Status Protection Act (CSPA) age calculation method, effective for applications filed on or after August 15, 2025. This update could significantly impact families, especially those with children at risk of “aging out” of immigration benefits. At Truong Law Firm, our experienced immigration attorneys are here to guide you through these changes and protect your family’s path to permanent residency.

Understanding the CSPA

The Child Status Protection Act, enacted in 2002, safeguards children of immigrants from losing eligibility for green cards or visas due to prolonged processing times. Under U.S. immigration law, a “child” is defined as an unmarried individual under 21 years old. The CSPA calculates a child’s age by subtracting the time a visa petition was pending from their actual age when a visa becomes available.

What’s Changing?

Starting August 15, 2025, USCIS will use only the Final Action Dates chart (Chart A) from the Department of State’s Visa Bulletin to determine when a visa is “available” for CSPA age calculations. This reverses the more flexible policy in place since February 14, 2023, which allowed the use of the Dates for Filing chart (Chart B) if it benefited the applicant. The new policy aligns USCIS with the Department of State’s approach, but it may result in stricter outcomes for some families.

This change, detailed in the USCIS Policy Manual (Volume 7, Part A, Chapter 7), applies to new filings after the effective date. Applications pending or filed before August 15, 2025, will follow the current, more lenient rules.

How This Affects You

The shift to the Final Action Dates chart could increase the risk of children aging out, particularly for families in visa categories with long backlogs, such as those involving H-1B visa holders from countries like India and China. Children who turn 21 may lose their ability to adjust status as dependents, potentially facing separate immigration processes or deportation risks.

Example: A Real-Life Scenario

To illustrate the impact, consider a hypothetical case based on common scenarios for Indian families in the EB-2 category, where visa backlogs are significant.

Facts:

• The parent’s I-140 petition was filed on January 1, 2020, and approved on July 1, 2020 (pending time: 6 months).
• The child was born on January 1, 2004.
• In the Visa Bulletin, the Dates for Filing chart (Chart B) becomes current for the priority date in January 2024 (child’s physical age: 20 years).
• The Final Action Dates chart (Chart A) becomes current only in January 2026 (child’s physical age: 22 years).

Under the Current Policy (Before August 15, 2025):

• Visa availability is determined by Chart B (January 2024).
• CSPA age = 20 years – 6 months = 19 years, 6 months (under 21).
• Outcome: The child qualifies as a dependent and can adjust status with the family.

Under the New Policy (After August 15, 2025):

• Visa availability is determined only by Chart A (January 2026).
• CSPA age = 22 years – 6 months = 21 years, 6 months (over 21).
• Outcome: The child ages out, loses dependent status, and must pursue a separate immigration path, potentially facing longer waits or separation from the family.

This example highlights how the policy change can make the difference between a child qualifying or aging out, especially in backlogged categories.

Scenario: The Nguyen Family’s Immigration Journey

Background:
The Nguyen family, originally from Vietnam, is based in the U.S. on an H-1B visa. Mr. Nguyen, a software engineer, is pursuing a green card through an employment-based (EB-2) visa category. His daughter, Linh, is at risk of aging out due to visa backlogs. The family has hired Truong Law Firm to navigate their immigration process. (Current date: August 12, 2025, before the effective date.)

Facts:

• I-140 Petition: Mr. Nguyen’s employer filed an I-140 petition for him on January 1, 2020, with a priority date of January 1, 2020. It was approved on July 1, 2020 (pending time: 6 months).
• Linh’s Birthdate: Linh was born on March 1, 2004.
• Visa Bulletin (August 2025):
  • Dates for Filing chart (Chart B): EB-2 priority date for Vietnam is current as of January 1, 2024 (when Linh was 19 years, 10 months old).
  • Final Action Dates chart (Chart A): EB-2 priority date for Vietnam becomes current on January 1, 2026 (when Linh will be 21 years, 10 months old).
• Filing Date: The Nguyens plan to file their adjustment of status (I-485) application before August 15, 2025, to benefit from the current policy.

CSPA Formula:
CSPA age = Physical age when visa is “available” – Time the I-140 petition was pending.

Outcome Under the Current Policy (Pre-August 15, 2025):

• Visa Availability: Chart B shows the priority date was current as of January 1, 2024.
• Linh’s Physical Age on January 1, 2024: 19 years, 10 months.
• CSPA Age Calculation: 19 years, 10 months – 6 months = 19 years, 4 months.
• Outcome: Linh’s CSPA age is under 21, so she qualifies as a dependent child. She can adjust status to permanent residency along with her parents, keeping the family together.
• Truong Law Firm’s Role: The firm advises the Nguyens to file as soon as Chart B became current in January 2024, ensuring Linh’s eligibility. They prepare and submit the I-485 application promptly, securing Linh’s green card eligibility.

If Filed Under the New Policy (Post-August 15, 2025):

• Visa Availability: Chart A shows the priority date becomes current on January 1, 2026.
• Linh’s Physical Age on January 1, 2026: 21 years, 10 months.
• CSPA Age Calculation: 21 years, 10 months – 6 months = 21 years, 4 months.
• Outcome: Linh’s CSPA age is over 21, so she no longer qualifies as a dependent child. She “ages out” and cannot adjust status with her parents. Linh must now seek a separate immigration path, such as applying for a student visa (F-1) to remain in the U.S. or returning to Vietnam to pursue a different visa category, potentially separating her from her family.
• Challenges: The stricter policy means Linh faces a longer wait for a visa in another category, increased costs, and emotional stress for the family. If she remains in the U.S. without status, she risks deportation.
• Truong Law Firm’s Role: Recognizing the new policy’s impact, Truong Law Firm would urgently assess alternative options for Linh, such as exploring other visa categories (e.g., F-1 or O-1 for extraordinary ability if applicable) or filing motions to expedite processing before the priority date becomes current. They would also counsel the family on long-term strategies, such as Mr. Nguyen sponsoring Linh later as a permanent resident, though this could take years.

Why the New Policy Affects China and India More Than Vietnam

The new USCIS CSPA age calculation policy is likely to have a greater impact on families from China and India compared to Vietnam, primarily due to the significant visa backlogs in certain employment-based (EB) and family-based (FB) visa categories for these countries.

• Severe Visa Backlogs for China and India: China and India face substantial backlogs in EB-2 and EB-3 categories due to high demand and limited visa numbers. Priority dates for EB-2 and EB-3 for India and China often lag several years behind, sometimes by 5–10 years or more, especially for India. Family-based categories like F-4 can have wait times exceeding 10–15 years.
• Vietnam’s Situation: Vietnam also experiences backlogs in some categories (e.g., EB-2, EB-3, and F-4), but they are generally less severe, often lagging by 2–4 years.
• Impact of the Policy: The reliance on Chart A delays visa availability more for countries with longer backlogs, increasing aging-out risks. For Vietnam, the gap between Chart A and Chart B is smaller, resulting in a less dramatic effect.
• Comparison Using Hypothetical Data: For an Indian family with the same facts as the Nguyens, Chart A might not be current until 2030 (child’s age: 25 years, 10 months), leading to CSPA age of 25 years, 4 months (aged out), with a much larger gap than Vietnam’s 2-year delay.

Population and Demand: India and China have larger populations and higher numbers of applicants, leading to greater competition. Vietnam, with fewer applicants, faces less severe impacts, though families like the Nguyens can still be affected.

How Truong Law Firm Can Help

At Truong Law Firm, we understand the complexities of U.S. immigration law and the emotional weight of keeping families together. Our services include:

• Personalized Case Review: We analyze your family’s immigration case to determine how the new CSPA policy affects your children’s eligibility.
• Strategic Filing Guidance: We help you file adjustment of status applications before August 15, 2025, to leverage the current, more favorable policy if possible.
• Expert Legal Advice: Our attorneys provide tailored solutions for families facing visa backlogs, ensuring compliance with USCIS regulations.
• Representation and Advocacy: From petition preparation to appeals, we stand by your side to secure the best possible outcome.
• Country-Specific Support: For families from Vietnam, China, or India, we offer specialized guidance on backlogs and alternatives.