US To Change Child Eligibility Rules For Green Cards From August 15 [NEWS]

US To Change Child Eligibility Rules For Green Cards From August 15 [NEWS]

• Effective August 15, 2025, U.S. immigration authorities will revise the eligibility criteria for children under the Child Status Protection Act (CSPA).
• The updates aim to clarify and improve the process for determining a child’s status.
• The changes may impact how children are classified in immigration proceedings.

Starting August 15, 2025, U.S. immigration authorities will update the way they determine a child’s eligibility under the Child Status Protection Act (CSPA).

The U.S. Citizenship and Immigration Services (USCIS) announced that this revision will affect those applying for green cards through their parents, as well as parents seeking permanent residency for their children before they surpass the age limit.

Enacted in 2002, the CSPA was designed to prevent children from losing eligibility for green cards due to lengthy immigration delays that cause them to “age out.” Under U.S. immigration rules, a child must be under 21 to qualify. However, long wait times can cause applicants to turn 21 before their cases are finalized, resulting in lost eligibility.

The CSPA helps by “freezing” a child’s age in specific situations, allowing them to still qualify for a green card even after turning 21, provided a visa was available at the appropriate time.

The recent policy change centers on how “visa availability” is defined.

Conflicting Standards Between Agencies

Since February 2023, USCIS and the Department of State have used different methods to decide when a visa is considered available under the CSPA. USCIS applied the more generous Dates for Filing chart, while the State Department used the stricter Final Action Dates chart.

This discrepancy led to unequal outcomes, giving children applying within the U.S. a better chance of maintaining eligibility than those applying from overseas. Many immigration attorneys and affected families criticized this inconsistency.

Bringing USCIS and State Department Into Alignment

Beginning August 15, 2025, USCIS will align its process with the State Department by using the Final Action Dates chart to determine visa availability for CSPA purposes.

This means the date when a visa is considered available will be standardized for applicants both inside and outside the U.S., replacing the previously used, more lenient Dates for Filing chart.

USCIS will maintain the flexible policy introduced on February 14, 2023, for any adjustment of status cases filed before that date. Consequently, if a child’s CSPA age calculation benefited from the earlier lenient rule, that protection will still apply.

Additionally, USCIS states that children who missed the one-year window to file for adjustment of status after a visa became available may still be considered eligible if they demonstrate extraordinary circumstances.

What This Means for Families

This updated rule aims to create fairness by harmonizing USCIS and State Department standards. However, some children who qualified under the old system may now age out under the tougher criteria.

For parents sponsoring children close to turning 21, acting quickly is crucial. Immigration experts recommend submitting applications before August 15, 2025, to take advantage of the more favorable policy currently in place.

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