New USCIS Policy May Exclude More Children from Parents’ Green Card Applications

The US Citizenship and Immigration Services (USCIS) has changed how it calculates a child’s age under the Child Status Protection Act (CSPA), tightening the criteria for children included in their parent’s green card applications.

The new policy, effective for applications filed on or after 15 August 2025, bases age determination on the Final Action Dates chart from the Department of State’s Visa Bulletin, replacing the previous reliance on the more lenient Dates for Filing chart. This adjustment narrows the window during which children under 21 can remain eligible as derivative beneficiaries in their parents’ immigration cases.

Under prior rules, children under 21 who were included in a parent’s lawful permanent residency petition could avoid “aging out” due to visa processing delays. The CSPA was designed to protect these children by allowing a more favourable calculation of age. 

The latest change aligns USCIS policy with that of the Department of State to ensure consistency across domestic and overseas visa applications. However, this results in a stricter standard that could exclude more children from derivative status.

Nicholas Mastroianni III, President of the US Immigration Fund, explained that the change means the age test will use the date visas are issued, which is usually later than the filing date, making it more likely children will be considered over 21.

Children who no longer qualify under this rule will need to apply for independent visas, such as student visas, which involve separate legal processes, additional costs, and different timelines than those of their parents. 

This adds complexity and uncertainty for families, especially those in the US on temporary visas like H-1B and H-4, where children may lose eligibility for permanent residency alongside their parents’ green card applications. The revised age calculation does not apply to all visa categories; for example, the EB-5 investor visa programme remains unaffected, providing continued protection under previous rules for applicants in this group.

USCIS has confirmed that applications submitted before 15 August 2025 will be processed according to the earlier February 2023 guidance, recognising that applicants may have relied on that standard. This transitional measure does not impact applications filed after the deadline.

The change increases the risk that children will age out during processing, requiring them to pursue separate immigration paths and complicating the process for families seeking permanent residency.