USCIS ends practice of using Chart B to lock a child's CSPA age; only Chart A now applies
Key Takeaways
- It has been reported that on Aug. 8, 2025, USCIS (U.S. Citizenship and Immigration Services) rescinded the policy allowing a child's age under the Child Status Protection Act (CSPA) to be locked by filing when the Dates-for-Filing chart (Chart B) was used.
- Since the rescission, only the Final Action Dates chart (Chart A) is used to calculate a child’s CSPA age for adjustment of status filings (Form I-485).
- Families who file based on Chart B will not “freeze” a derivative child’s age for CSPA purposes; children at or near 21 remain at risk of aging out.
- Affected groups include family-based and some employment-based preference beneficiaries with retrogressing priority dates; applicants should monitor Chart A movement closely and consult counsel about alternatives.
Background: CSPA, Chart A and Chart B explained
The Child Status Protection Act (CSPA) was designed to prevent children from “aging out” of derivative status when visa backlogs delay immigrant visas. CSPA uses a formula to calculate a beneficiary child's “CSPA age,” generally subtracting the time the underlying immigrant petition was pending from the child’s biological age. USCIS publishes two visa bulletin charts each month: Chart A (Final Action Dates) shows when visas are actually available, and Chart B (Dates-for-Filing) indicates when applicants may submit adjustment of status applications (Form I-485) to USCIS. Historically, USCIS at times treated a filing under Chart B as locking a child’s age for CSPA purposes; that practice has now ended.
Policy change and practical impact
It has been reported that effective Aug. 8, 2025, USCIS rescinded the policy that allowed Chart B filings to lock a child’s CSPA age, and since then only Chart A is used for the age calculation. Practically, that means filing your I-485 while the Dates-for-Filing chart is the controlling guidance will not protect a child who turns 21 before the Final Action Date becomes current. For families applying together — principal, spouse, and children — the change raises immediate risk for older children who are close to 21: filing early under Chart B no longer creates a safety net.
What does this mean right now? Monitor the Visa Bulletin’s Chart A closely for your preference category and priority date. If your child is near 21, speak with an immigration attorney promptly about options: consular processing at the U.S. embassy/consulate, seeking rulings on CSPA calculations, or exploring derivative eligibility under other categories. This is a procedural change with human consequences — the difference between staying together through adjustment and facing separation because a dependent “aged out.” For specific case strategy, individualized legal advice is essential.
Source: Original Article