Navigating the Green Card Journey for Your Children
For many Indian families in the United States, the path to permanent residency is a long and often complex journey. A recent policy update by US Citizenship and Immigration Services (USCIS) regarding the Child Status Protection Act (CSPA) has added a new layer of concern for many. This change, which alters how a child’s age is calculated for Green Card eligibility, could have significant implications, particularly for families facing lengthy visa backlogs. This blog will break down what the CSPA is, what has changed, and what it could mean for you and your children.
Understanding the Child Status Protection Act (CSPA)
The CSPA is a crucial piece of US immigration law designed to protect children of Green Card applicants from “aging out.” In the eyes of US immigration, a “child” is defined as an individual who is unmarried and under the age of 21. Due to long processing times and visa backlogs, many children turn 21 before their family’s Green Card application is approved, which historically meant they would lose their eligibility to be included as a dependent on their parents’ application.
The CSPA addresses this issue by providing a method to “freeze” a child’s age for immigration purposes. The formula for calculating a child’s “CSPA age” is:
Age at Time of Visa Availability – Time the Visa Petition Was Pending = CSPA Age
If the calculated CSPA age is under 21, the child can still be considered a “child” for the purpose of the Green Card application.
What’s Changing with the CSPA?
The recent and significant change revolves around what USCIS considers the “time of visa availability.” This is determined by the Department of State’s Visa Bulletin, which has two key charts:
- Dates for Filing (Chart B): This chart indicates when an applicant can submit their application for a Green Card.
- Final Action Dates (Chart A): This chart indicates when a visa is actually available, and a Green Card can be approved.
Previously, USCIS allowed the use of the more lenient “Dates for Filing” chart to determine when a visa was considered available for the CSPA age calculation. This gave families a larger window to “lock in” their child’s age.
However, effective August 15, 2025, USCIS will now exclusively use the “Final Action Dates” chart to determine visa availability for CSPA purposes.
How Does This Impact Indian Families?
This policy shift is particularly concerning for Indian families due to the extensive backlogs for employment-based Green Cards, especially in the EB-2 and EB-3 categories. For many Indian applicants, there can be a gap of several years between their “Dates for Filing” becoming current and their “Final Action Dates” becoming current.
Under the new policy, a child’s age will not be “frozen” until the “Final Action Date” is current. This means that children who would have been protected under the previous policy may now “age out” while waiting for their Final Action Date to become current. This could force them to self-petition for a visa, a process that can be long, uncertain, and may even require them to leave the USA.
According to a March 2023 analysis by David J. Bier, director of immigration studies at the Cato Institute, the employment-based green card backlog for Indians in the EB-2 and EB-3 categories stood at 1.07 million. The Cato Institute projects that nearly 134,000 children from these families could age out before a Green Card becomes available. This new, more restrictive age calculation could increase that number.
What Steps Can You Take?
Given this change, it is crucial for families to be proactive. Here are a few steps to consider:
- Consult with an Immigration Attorney: This is the most important step. An experienced immigration lawyer can assess your specific situation, calculate your child’s potential CSPA age under the new policy, and provide personalized advice.
- Check Your Priority Date: Keep a close eye on the monthly Visa Bulletin to track your priority date’s movement in both the “Dates for Filing” and “Final Action Dates” charts.
- File for Adjustment of Status if Eligible: If your priority date is current in the “Dates for Filing” chart, and you are eligible, consider filing your Form I-485, Application to Register Permanent Residence or Adjust Status.
USCIS has stated that for applications pending before August 15, 2025, they will continue to apply the February 14, 2023, policy. The agency also clarified that applicants who fail to apply for permanent residency within one year of visa availability may still qualify if they can demonstrate extraordinary circumstances.
This policy change from USCIS underscores the ongoing challenges within the US immigration system, particularly for those in the Green Card backlog. By staying informed and seeking professional guidance, you can better navigate these changes and make the best decisions for your family’s future in the United States.
