The United States has implemented new immigration restrictions that will create challenges for the children of foreign nationals seeking a green card or lawful permanent residency. The updated policy, which applies to applications filed on or after August 15, 2025, clarifies how the age of a child is calculated under the Child Status Protection Act (CSPA). Previously, a child’s age was “frozen” when their parent’s visa petition was filed, but the new policy links the age calculation to the Department of State’s Visa Bulletin’s Final Action Dates chart. This change is significant because many children could “age out” and lose their eligibility to immigrate with their parents if their 21st birthday occurs before their visa becomes available.
Why the Policy Change Matters
According to Nicholas Mastroianni III, President & CMO of the U.S. Immigration Fund, this policy shift means more children will lose the ability to be included on their parents’ green card applications. To be eligible for lawful permanent residency through a parent’s approved diversity, employment, or family-sponsored visa application, an unmarried child must be under 21. If a child ages out, they will have to pursue a separate visa, such as an F-1 student visa, which can lead to additional costs, different travel regulations, and family separation.
USCIS Aligns Policy for Consistency
The United States Citizenship and Immigration Services (USCIS) states that the policy revision is intended to ensure that both the Department of State and USCIS use the same criteria—the Final Action Dates chart—to determine when a visa is available for CSPA age calculations. This amendment addresses a prior discrepancy, where foreign nationals applying for an adjustment of status within the U.S. and those applying for an immigrant visa abroad were treated differently under the old CSPA age calculation guidelines.