As of August 15, 2025, U.S. Citizenship and Immigration Services (USCIS) has implemented a significant policy change that affects how it calculates age under the Child Status Protection Act (CSPA). This change has major implications for families pursuing green cards and U.S. employers sponsoring international employees with children.
If your child is approaching age 21 or has recently aged out, this update may already be affecting your case. Here is what you need to know now.
Previously, USCIS used the Dates for Filing chart to determine a child’s CSPA age when calculating eligibility to adjust status. This “froze” a child’s age earlier, offering protection from aging out during long wait times.
As of August 15, 2025, USCIS now uses only the Final Action Dates chart to determine a child’s age under CSPA.
Since Final Action Dates are typically later than the Dates for Filing, fewer children now qualify as dependents. More children will “age out” at 21, making them ineligible to receive a green card through a parent’s petition. Let me explain how this matters for families:
- Children aging out and being removed from green card applications
- Parents receiving green cards while their children remain stuck in long visa backlogs
- Increased emotional stress and legal uncertainty for the entire family
These are some suggestions you should do now.
- Review your child’s age and case status under the new CSPA rule
- Confirm whether your case was filed before August 15, 2025 (older cases may still benefit from the previous policy)
- If your child has aged out, explore alternative options:
- Student visas (F-1)
- Independent employment-based sponsorship
- Humanitarian or temporary protection (if eligible)
Each case is unique. Working with an immigration attorney is more important than ever to prevent unintended consequences.
Employers should also be concerned about this change. Because if you are a U.S. employer sponsoring green cards for skilled foreign workers, this policy could impact your employee’s family — and ultimately, your workforce.
Here are the key concerns:
- Dependent children may now be ineligible to adjust status
- Employees may face family separation, leading to relocation or resignation
- Long-term retention risks and immigration-related stress may increase
At this time it is important to review your sponsored employees’ family circumstances, coordinate with legal counsel to identify affected dependents, consider faster filing strategies (e.g., premium processing) when possible
Global competitiveness depends on supporting the families of your international team members. This change adds urgency to that responsibility.
USCIS believes this policy shift is intended to bring consistency between cases processed in the U.S. and those processed abroad. While administrative uniformity is the goal, the outcome is clear: fewer protections for immigrant children and higher risk of family separation.
With this new policy already in effect, the time to act is now. At the Law Office of Patricia Périssé Bochi, we understand how complex and emotional family immigration can be — especially when a child is at risk of aging out.
We work closely with families and employers to navigate the immigration system strategically and compassionately. Whether your case was filed recently or you are just beginning the process, we can help you protect what matters most.
Contact us today to schedule a consultation.
