Important Updates
Important Updates
May 28, 2025 | United KingdomYorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes
May 28, 2025 | United Arab EmiratesDubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility
May 28, 2025 | MozambiqueMozambique: Pre-Travel Authorization for Visa-Exempt Travelers Temporarily Suspended
May 28, 2025 | Saudi ArabiaSaudi Arabia: Temporary Hold on ‘Block Work Visa Quotas’ for Certain Nationalities
May 28, 2025 | IrelandThe Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople
May 28, 2025 | United KingdomYorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes
May 28, 2025 | United Arab EmiratesDubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility
May 28, 2025 | MozambiqueMozambique: Pre-Travel Authorization for Visa-Exempt Travelers Temporarily Suspended
May 28, 2025 | Saudi ArabiaSaudi Arabia: Temporary Hold on ‘Block Work Visa Quotas’ for Certain Nationalities
May 28, 2025 | IrelandThe Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople
May 28, 2025 | United KingdomYorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • 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
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • 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

Blog post

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility

Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Learn more

Blog post

La Naturalisation française par Décret : Des règles strictes et une exigence accrue de conformité

Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Learn more

Media mentions

The Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople

Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Learn more

Media mentions

Yorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes

Practice Leader Kathleen O’Donnell highlights how proposed UK immigration reforms could impact businesses in Yorkshire.

Learn more

Media mentions

Business Insider: The Death of the Digital Nomad

Partner Charlotte Wills notes that while full-time, long-term remote work might become less common, many professionals continue to work from abroad through more structured, short-term arrangements.

Learn more

Video

How to Stay in France After Graduation: Immigration Options for International Students

In this video, Immigration Consultant Laura Varon Osorio walks you through everything you need to know about staying in France after graduation. Whether you’re looking to work, start a business or transition to a new immigration status, this guide covers key immigration pathways for international students.

Learn more

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Learn more

Media mentions

Northern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England

Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽ Ep. 8 (Part 2) | #FragomenFC

#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.

Learn more

Blog post

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility

Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Learn more

Blog post

La Naturalisation française par Décret : Des règles strictes et une exigence accrue de conformité

Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Learn more

Media mentions

The Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople

Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Learn more

Media mentions

Yorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes

Practice Leader Kathleen O’Donnell highlights how proposed UK immigration reforms could impact businesses in Yorkshire.

Learn more

Media mentions

Business Insider: The Death of the Digital Nomad

Partner Charlotte Wills notes that while full-time, long-term remote work might become less common, many professionals continue to work from abroad through more structured, short-term arrangements.

Learn more

Video

How to Stay in France After Graduation: Immigration Options for International Students

In this video, Immigration Consultant Laura Varon Osorio walks you through everything you need to know about staying in France after graduation. Whether you’re looking to work, start a business or transition to a new immigration status, this guide covers key immigration pathways for international students.

Learn more

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Learn more

Media mentions

Northern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England

Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽ Ep. 8 (Part 2) | #FragomenFC

#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.