New York / Bengaluru | August 13, 2025 –
Starting *August 15, 2025, new age-calculation rules under the *Child Status Protection Act (CSPA) may affect thousands of children of H-1B visa holders from India.
The U.S. Citizenship and Immigration Services (USCIS) will now use the *“Final Action Date”—instead of the previously used *“Dates for Filing”—to determine when a child’s age is locked in for green card eligibility . This shift aligns USCIS practice with that of the Department of State.
Under the older rule, families benefited from a more generous filing standard that effectively paused the child’s age. Many Indian children nearing age 21 could still qualify as dependents. The new approach ends that buffer.
As a result, children who turn 21 before their green card is approved now face the risk of “aging out” and losing eligibility—even if their parents’ application remains pending .
What Families Should Know
- *Affected Applications: Only those filed *on or after August 15, 2025 will fall under the stricter rules.
- Backup Protection: Applications filed before that cutoff can still use the older, more generous calculation method.
- Extraordinary Circumstances: If a family missed filing within one year due to genuine hardship, USCIS may apply the more favorable past rule.
Impact on Indian-American Families
Indian immigrant families, facing long green card backlogs, are particularly vulnerable to this rule change. Many children are approaching 21 and may lose eligibility despite years of waiting.
Experts warn that this could trigger panic among affected families, urging them to explore alternate options—like shifting to other visa categories or expediting processes—before the cutoff date.