VOI World/ Desk
The U.S. Citizenship and Immigration Services (USCIS) has updated its policy regarding the Child Status Protection Act (CSPA), impacting children of H-1B visa holders applying for green cards. Effective August 15, 2025, the agency will now calculate a child’s eligibility based on the “Final Action Dates” instead of the previously used “Dates for Filing” from the Visa Bulletin.
This shift may result in more children turning 21 before their green card application is finalised—a situation known as “aging out”—which could render them ineligible to remain on their parent’s application.
The policy reversal also narrows the criteria for who qualifies as a dependent, potentially disqualifying more young adults from inclusion in their parent’s green card processing. Families, particularly those from countries like India with long waitlists, are expressing concern over the impact of the change.
This update aligns USCIS practices with the Department of State, aiming for consistency in how visa availability is assessed. However, it marks a departure from the more flexible framework introduced under the previous administration, which offered broader age protections for applicants.
Affected families now face the risk of having their children lose legal residency status and being forced to explore alternative immigration options in a complex system already burdened with delays.
