Green Card Alert: Why More Children Could Lose Eligibility Starting August 2025
- Mati Lio
- Aug 11
- 5 min read
Updated: Aug 12
On August 8, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued guidance clarifying that for purposes of the Child Status Protection Act (CSPA) age calculation, a visa becomes available based on the Department of State’s Final Action Dates chart from the Visa Bulletin. According to the USCIS policy alert, this change applies to adjustment-of-status (AOS) applications and related CSPA requests filed on or after August 15, 2025. AOS cases pending with USCIS before that date will continue to be processed under the more favorable February 14, 2023 policy.
How We Got Here: The CSPA and Its Evolution
What the CSPA Does – Enacted in 2002, the CSPA helps certain non-citizen children avoid “aging out” (turning 21 before their green card is approved) by freezing or adjusting their age for immigration purposes. It allows a “CSPA age” calculation that can preserve eligibility as a dependent even if the child’s actual age exceeds 21.
Two Visa Bulletin Charts – Since 2015, the State Department’s Visa Bulletin has contained two charts:
*Dates for Filing (DFF) – The earliest date applicants can submit green card applications
*Final Action Dates (FAD) – When visas are actually available for approval.
February 2023 Update – USCIS announced it would use whichever chart (DFF or FAD) it had designated for filing that month when determining CSPA age. In practice, when USCIS used DFF, many children benefited by locking in a younger CSPA age sooner.
September 2024 Guidance – USCIS expanded “extraordinary circumstances” exceptions for the one-year “sought to acquire” rule, allowing some children to keep CSPA protection even if they missed the deadline due to events like illness, disasters, or agency error.
What’s Changing in August 2025
From August 15, 2025 onward – For CSPA purposes, a visa becomes available only when the applicant’s priority date is current under the Final Action Dates chart.
Pending cases – If your AOS application is filed before August 15, 2025, USCIS will still apply the February 14, 2023 policy, meaning the DFF chart could still be used for CSPA calculation if that chart is designated for filing in your category.
Transition period – USCIS’s announcement gives families a narrow window before the policy shift to file and lock in earlier protections.
Why This Matters — The Risk of More “Aging Out”
Because the Final Action Dates chart usually lags behind the Dates for Filing, this change means:
More children worldwide may lose eligibility as dependents if their CSPA age reaches 21 before a visa becomes available under FAD.
Particularly hard hit will be families from countries with long visa backlogs in family-based and employment-based categories — not just India or China, but also Mexico, the Philippines, and others with high demand.
Even refugees, diversity visa winners, and certain special immigrant applicants with dependent children could see age-out risks increase under the new approach.
Practical Steps for Families and Attorneys
1. Check Your Timeline Now – If your filing date is close to becoming current under Dates for Filing, submit your AOS application before August 15, 2025 to take advantage of the current rule.
2. Project CSPA Age Under Both Charts – Compare calculations using DFF vs. FAD to see how the change might affect your child’s eligibility.
3. Consider Motions to Reopen – If a case was denied for aging out, and your child would qualify under the old policy, you may be able to file Form I-290B during the transition period.
4. Document Extraordinary Circumstances – If you miss the one-year “sought to acquire” deadline due to serious, verifiable issues, USCIS may still preserve your child’s eligibility.
5. Monitor Monthly Visa Bulletins – Since FAD dates move unpredictably, staying updated is critical for timing your application strategy.
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Bottom Line
This August 2025 USCIS policy revision narrows CSPA protections for families in the immigration process, shifting the trigger point for age calculation to the slower-moving Final Action Dates chart. The change will affect applicants across multiple visa categories and nationalities. With the August 15 deadline approaching, proactive filing and careful legal strategy are more important than ever to safeguard dependent children’s green card eligibility.
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Disclaimer
This blog post is intended for informational purposes only and does not constitute legal advice. Immigration laws and policies are complex and subject to change. Individual circumstances vary widely, so readers should consult a qualified immigration attorney or accredited representative for advice tailored to their specific case. While every effort has been made to provide accurate and up-to-date information, the author and publisher disclaim any liability for actions taken based on the content of this post.
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