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USCIS Returns to Final Action Dates for CSPA Age Calculations

USCIS Returns to Final Action Dates for CSPA Age Calculations

On August 8, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a significant policy change that affects how the Child Status Protection Act (CSPA) age is calculated for Adjustment of Status applicants.

Effective August 15, 2025, USCIS will exclusively use the Visa Bulletin’s Final Action Dates chart—no longer the Dates for Filing chart—when determining an applicant’s CSPA age for all newly filed Adjustment of Status applications.

What Is Changing?

From February 14, 2023, to August 14, 2025, applicants could use the Dates for Filing chart to determine visa availability for CSPA age calculation purposes. This change benefited many applicants whose CSPA eligibility depended on earlier filing dates.

Starting August 15, 2025:

  • Only the Final Action Dates chart will be used to determine visa availability for CSPA age calculation.
  • The Dates for Filing chart may still be used to decide when an Adjustment of Status application can be filed—but not for age calculation.

How CSPA Age Is Calculated

Under the CSPA, the applicant’s age is determined by:

  1. Taking their age on the date a visa becomes available, and
  2. Subtracting the time the underlying petition was pending.

The “visa availability” date is the later of:

  • The petition approval date, or
  • The date the visa becomes available per the Visa Bulletin.

The new policy directly affects this “visa availability” date by tying it to the Final Action Dates chart.

Impact on Applicants

This change reintroduces the uncertainty that existed before 2023—applicants will not know their exact CSPA age until a visa is available under the Final Action Dates chart. For cases that depend on the Dates for Filing chart, there is now a greater risk that an applicant may “age out” before reaching the Final Action Date.

USCIS notes that similar uncertainty exists in consular processing cases, where applicants often file in anticipation of visa availability.

Who Should Act Before August 15, 2025?

It is advisable to file before August 15, 2025, if:

  • You are filing family-based or employment-based Adjustment of Status applications with derivative beneficiaries, and
  • Eligibility is based on the Dates for Filing chart rather than the Final Action Dates chart.

Possible Relief for Past Cases

Some applicants who were deemed ineligible under the Dates for Filing chart rules in 2023 may now benefit from recalculations under the Final Action Dates chart—especially if their “sought to acquire” requirements were previously unmet.

Next Steps

  • Review pending or planned Adjustment of Status filings to determine whether filing before August 15, 2025, could preserve eligibility.
  • Consult with an immigration attorney to assess whether past denials or age-out determinations could be reconsidered under this new policy.
  • Monitor the monthly Visa Bulletin closely to anticipate potential changes in visa availability.

For official guidance, refer to the USCIS Policy Manual and the Visa Bulletin.

DISCLAIMER: This blog is intended solely for general informational and educational purposes. It does not constitute legal advice, nor does it create an attorney-client relationship between the reader and Ahluwalia Law Offices, P.C. The legal information provided herein may not apply to your individual circumstances and is subject to change based on evolving immigration laws and policies.
Readers are strongly encouraged to consult directly with a qualified immigration attorney for guidance tailored to their specific situation. Our front desk staff is not authorized to interpret legal information or provide legal advice beyond what is explicitly stated in this blog. They are also not permitted to assess eligibility, review case details, or respond to case-specific inquiries.
Please note: Due to the high volume of inquiries and the sensitive nature of immigration matters, we cannot respond to questions or requests for legal analysis via phone or email unless a formal consultation has been scheduled. We appreciate your understanding and encourage you to book an appointment with one of our attorneys if you require personalized legal assistance.