13 August 2025
If you have a pending Adjustment of Status case for a child or dependent—and you’re relying on the Child Status Protection Act (CSPA) to keep them eligible—you need to pay close attention to a recent policy change from USCIS.
On August 8, 2025, USCIS announced that, starting August 15, 2025, it will go back to only using the “Final Action Dates” chart in the Visa Bulletin when calculating an applicant’s age under the CSPA. This is a major shift for anyone filing family or employment-based green card applications involving children or derivative applicants.
What This Means in Plain English
Between February 14, 2023 and August 14, 2025, applicants could use the more favorable “Dates for Filing” chart to determine visa availability for CSPA age calculations. That option is now going away for applications filed after August 15, 2025.
Key takeaway: After that date, your child’s CSPA age will be calculated using the Final Action Dates chart only—which may make some applicants “age out” before a visa becomes available.
Quick Refresher: How CSPA Age is Calculated
The CSPA was created to help certain children avoid “aging out” (turning 21 before they can get a green card).
Here’s the formula in simple terms:
- Find your child’s age on the date a visa becomes available.
- Subtract the time your petition was pending.
- The result is your CSPA age.
The trick is that “visa availability” is now defined by the Final Action Dates—which are often later than the Dates for Filing chart. This means some applicants will lose time in their calculation.
Who Should Be Concerned
- Families in the F2A preference category (spouses and children of green card holders).
- Employment-based green card cases with dependents who are close to turning 21.
- Employers sponsoring workers with children listed as derivative applicants.
If your eligibility depends on the Dates for Filing chart, you should act before August 15, 2025.
Example Scenario
Imagine you’re a tech company in Newark sponsoring a key engineer from abroad. That engineer’s 20-year-old daughter is a dependent on the case. Under the old rule (Dates for Filing chart), she would still qualify. Under the new rule (Final Action Dates), by the time a visa becomes “available,” she might already be over 21 and lose eligibility.
The same risk applies to families waiting for their green card through family-based petitions.
USCIS Acknowledges the Risk
The agency notes that this uncertainty has always existed in consular processing cases. But for Adjustment of Status applicants, the switch back to Final Action Dates will mean more guesswork and potentially heartbreaking outcomes if the filing is delayed.
Our Recommendation as Immigration Attorneys in New Jersey
As a Visa Attorney in USA, here’s our urgent advice:
- File Now – If you’re eligible under the Dates for Filing chart, submit your Adjustment of Status application before August 15, 2025.
- Review Old Cases – If your case was previously denied under the Dates for Filing chart, it may be worth revisiting. Some applicants could now qualify using the Final Action Dates calculation.
- Plan Ahead – Employers and families should factor this change into recruitment, relocation, and family sponsorship timelines.
This isn’t just about paperwork—it’s about securing your child’s future in the U.S. before the door closes.
If you have any doubts about your case, speak to an Immigration Attorney in New Jersey who understands both the legal rules and the practical realities. We can help you assess your eligibility and take swift action before the deadline.
About Us
As a trusted Immigration Attorney in New Jersey, we help tech executives, healthcare leaders, manufacturers, and families navigate complex immigration rules. Whether you need an H-1B visa, family green card, or urgent CSPA guidance, we provide strategic, deadline-focused support.
📞 Contact us today to protect your case before the August 15, 2025 change.