Washington — U.S. Citizenship and Immigration Services (USCIS) has announced an important policy update to the Policy Manual that will take effect on August 15, 2025. The revision clarifies that, for the purposes of the Child Status Protection Act (CSPA) age calculation, a visa will be considered available based on the Final Action Dates chart in the U.S. Department of State’s Visa Bulletin.
The new guidance applies to all requests filed on or after August 15, 2025. For adjustment of status applications pending with USCIS before that date, the agency will continue to apply the Feb. 14, 2023, CSPA age calculation policy, recognizing that many applicants may have relied on that guidance when filing.
The change ensures that both USCIS and the Department of State apply a uniform CSPA age calculation method for applicants seeking adjustment of status within the United States and those applying for immigrant visas abroad. The previous 2023 policy had resulted in inconsistent treatment between the two groups.
Under U.S. immigration law, an unmarried child must generally be under the age of 21 to obtain lawful permanent resident status based on a parent’s approved petition for a family-sponsored, employment-based, or diversity visa. Without CSPA protections, children who “age out” during the process may lose eligibility. The CSPA, enacted by Congress, provides a method to calculate a child’s immigration age that accounts for when an immigrant visa number becomes available.
USCIS has also clarified that, to benefit from CSPA protections, applicants must seek to acquire lawful permanent residence within one year of a visa becoming available. However, the updated policy affirms that applicants may still qualify if they can demonstrate extraordinary circumstances for missing the one-year window. Those who show such circumstances for the period before August 15, 2025, will have their CSPA age calculated under the Feb. 14, 2023, policy.
This update is intended to provide consistency, clarity, and fairness in the handling of CSPA age calculations, helping eligible applicants avoid losing lawful permanent resident eligibility due to administrative discrepancies in visa availability interpretation.