• Insights

United States: USCIS Revises Child Age-Out Calculation Policy to Benefit Some Adjustment of Status Applicants

February 15, 2023

insight-news-default

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • USCIS has revised its Child Status Protection Act (CSPA) policy so that fewer child adjustment of status applicants risk “aging out” of the ability to obtain a green card due to reaching age 21 and no longer qualifying as a “child” under relevant law.
  • Under the new policy, USCIS will use the State Department Visa Bulletin “Dates for Filing” chart – instead of the less generous “Final Action Date” chart – for CSPA age calculations in cases where USCIS has permitted applicants to file their adjustment of status applications under the Dates for Filing chart.
  • USCIS is applying the revised policy to adjustment of status applications adjudicated on or after February 14, 2023.
  • Individuals who aged out under the prior policy may be able to reopen their adjustment of status denial in certain circumstances.

The issue

U.S. Citizenship and Immigration Services (USCIS) has broadened its policy on Child Status Protection Act (CSPA) age calculation for children of family-based and employment-based adjustment of status applicants. The change took effect February 14, 2023, and applies to adjustment of status applications pending on or after that date. The new policy is intended to result in fewer child adjustment of status applicants “aging out” of the ability to obtain a green card through their parent’s adjustment of status process once the child reaches age 21 and no longer qualifies as a “child” under the law.

Background

For a child to obtain lawful permanent residence as a derivative of their parent under family-based and employment-based immigration rules, the child must remain under the age of 21. Once the child reaches age 21, they “age out” and are generally no longer eligible to obtain permanent residence through their parent.

The Child Status Protection Act was enacted in 2001 to mitigate the “aging out” of applicants for immigrant visas and green cards due to lengthy government processing times. For adjustment applicants in the numerically limited family- and employment-based preference categories, the law prescribes a complex formula for “freezing” an applicant’s age based on the length of time the applicant’s underlying immigrant visa petition was pending, and the date on which an immigrant visa became available to the applicant according to the State Department’s monthly Visa Bulletin.

Determining whether CSPA protection is available became more complex for some applicants in 2015, when the State Department stopped issuing a Visa Bulletin containing a single chart detailing immigrant visa availability for each country and preference category and instead began to issue a Bulletin that set forth two charts, listing relevant availability dates for each immigrant category and country -- a Final Action Dates chart, which establishes when an immigrant visa is authorized for issuance, and the Dates for Filing chart, which notifies applicants when they may submit required documents to the relevant agency in connection with their green card application. For purposes of adjustment applications, each month USCIS announces whether it will accept adjustment applications based on either the Dates for Filing or the Final Action Date chart for the relevant month. Often, the Date for Filing chart permits a foreign national to submit an adjustment application sooner than if the Final Action Date chart were selected by USCIS.  However, until now, USCIS considered a visa available for CSPA age calculation based only on the Final Action Dates chart. This meant that foreign nationals whose adjustment applications were submitted under the Dates for Filing chart were unable to assess whether they could benefit from age-out protections under CSPA. The new USCIS guidance rescinds that earlier policy.

What the policy change means for current and future adjustment applicants

Since February 14, USCIS has been automatically applying the new CSPA calculation policy to pending and newly filed adjustment of status applications. The policy change will not prevent all children from aging out in the permanent residence process, but it should decrease the number of age-outs where applicants have properly filed adjustment of status applications under the Dates for Filing chart. 

The policy change also does not prevent nonimmigrant children from aging out of nonimmigrant status once they reach the actual age of 21. According to USCIS, the agency is separately exploring options that might be available to assist this population.

How the new policy affects denied adjustment applicants

In its announcement of the new CSPA age calculation policy, USCIS states certain individuals whose adjustment of status applications were denied due to the agency’s prior policy may be able to file a motion to reopen their cases. In practice, foreign nationals should consider filing a motion to reopen if:

  • their adjustment of status application was filed based on the Dates for Filing chart rather than the Final Action Date chart;
  • the application was denied on the basis of the applicant aging out under a Final Action Date chart CSPA calculation; and
  • the new USCIS policy using Dates for Filing would have placed the applicant’s CSPA age under 21.

USCIS is expected to accept motions under the new policy from applicants for whom the standard appeal deadline – typically 30 days after the adverse USCIS decision, with some time-limited COVID-related exceptions – has passed.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.​

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Fragomen news

Comment on DHS Signatures Interim Final RuleLearn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Fragomen news

Comment on DHS Signatures Interim Final RuleLearn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 8, 2026 | AustraliaAustralia: Fees Increase for Certain Visa Types and Citizenship Applications Effective July 1, 2026
July 9, 2026 | United StatesGlobal Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility
July 9, 2026 | 🌐Minimum Salary Changes Announced
July 9, 2026 | SwedenSweden: Proposed Reforms to Single Permit Regime
July 9, 2026 | United StatesTimes of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register Again
July 8, 2026 | AustraliaAustralia: Fees Increase for Certain Visa Types and Citizenship Applications Effective July 1, 2026
July 9, 2026 | United StatesGlobal Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility
July 9, 2026 | 🌐Minimum Salary Changes Announced
July 9, 2026 | SwedenSweden: Proposed Reforms to Single Permit Regime
July 9, 2026 | United StatesTimes of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register Again
July 8, 2026 | AustraliaAustralia: Fees Increase for Certain Visa Types and Citizenship Applications Effective July 1, 2026
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.