US To Revise Child Eligibility Rules For Green Cards From August 2025
The United States will implement significant changes to the eligibility criteria for children seeking green cards, effective from 15 August 2025, according to an announcement by the U.S. Citizenship and Immigration Services (USCIS). The revision, which centres on the Child Status Protection Act (CSPA), aims to standardise how a child’s age is calculated for immigration purposes, aligning USCIS with the Department of State’s processes. This shift could have far-reaching implications for families, particularly those from countries with lengthy visa backlogs, such as India, Mexico, and the Philippines.
Under current U.S. immigration law, a child must be unmarried and under 21 to qualify for a green card as a derivative beneficiary through a parent’s petition. However, prolonged processing times and visa backlogs often mean children turn 21 before their applications are finalised, causing them to “age out” and lose eligibility. The CSPA, enacted in 2002, seeks to mitigate this by “freezing” a child’s age under specific conditions, allowing them to remain eligible even after their 21st birthday, provided a visa was available at the appropriate time.
The forthcoming change, effective from mid-August 2025, will see USCIS adopt the Department of State’s Final Action Dates chart from the Visa Bulletin to determine visa availability for CSPA age calculations. Previously, USCIS relied on the more lenient Dates for Filing chart, which allowed families to file earlier and secure a child’s eligibility sooner. The Final Action Dates chart, however, often lists later dates, meaning some children may now age out before a visa becomes available. This adjustment aims to create consistency between USCIS and the Department of State, ensuring uniform treatment for applicants inside and outside the U.S.
For families with pending applications filed before 15 August 2025, USCIS has confirmed that the more flexible policy from 14 February 2023 will still apply. This offers some relief to those who relied on the earlier rules. Additionally, USCIS has clarified that children who miss the one-year deadline to apply for permanent residency after a visa becomes available may still qualify if they can demonstrate extraordinary circumstances, such as significant delays beyond their control.
The policy shift has sparked concern among immigrant communities, particularly for families of H-1B visa holders from countries like India, where visa backlogs can stretch over decades. Children born abroad but raised in the U.S. risk losing their legal status upon turning 21, potentially facing separation from their families. Immigration advocates have urged families to act swiftly, advising those with children nearing 21 to file applications before the new rules take effect to lock in the more favourable policy.
USCIS has stated that the update is designed to enhance fairness and consistency in the immigration process. However, critics argue it may inadvertently penalise genuine applicants, especially those caught in systemic delays. Families are encouraged to monitor the Visa Bulletin closely and consult immigration advisors to navigate the new rules effectively.
This change underscores broader challenges within the U.S. immigration system, where per-country visa caps create significant delays for certain nationalities. As the 15 August deadline approaches, affected families are advised to prepare thoroughly, ensuring all documentation is complete and applications are submitted promptly to safeguard their children’s eligibility for permanent residency.
