The U.S. Citizenship and Immigration Providers (USCIS) has modified the way it counts age beneath the Baby Standing Safety Act (CSPA). This legislation helps youngsters keep eligible for a inexperienced card even when they flip 21 whereas their dad and mom’ immigration case continues to be being processed.
Efficient August 15, 2025, USCIS will now use the Remaining Motion Dates chart from the Division of State’s Visa Bulletin to find out when a visa turns into accessible for CSPA functions. This modification aligns USCIS with the State Division, guaranteeing constant therapy of candidates each inside and outdoors the US.
Beforehand, beneath a February 14, 2023 coverage, USCIS generally used totally different standards, which led to inconsistent outcomes. That earlier coverage will nonetheless apply to circumstances pending earlier than August 15, 2025, as candidates could have relied on it when submitting.
Below U.S. immigration legislation, single youngsters should usually be beneath 21 to acquire everlasting resident standing by way of a guardian’s accepted visa petition. The CSPA permits sure candidates to retain “little one” standing in the event that they age out throughout processing, supplied they apply for everlasting residence inside one 12 months of a visa changing into accessible.
The brand new steering additionally clarifies that candidates who miss the one-year submitting deadline on account of extraordinary circumstances should still qualify. Those that had been affected by the 2023 coverage earlier than August 15, 2025, can have their CSPA age calculated beneath that earlier steering.
