Overview

• USCIS announced on August 7 that it will, effective August 15, replace the February 2023 policy’s Dates for Filing chart with the less favorable Final Action Dates chart for CSPA calculations.
• The change applies prospectively to adjustment of status applications filed on or after August 15, narrowing the period during which a child’s age is frozen under immigration rules.
• Under the stricter calculation, hundreds of derivative children risk losing eligibility for their parents’ green cards upon turning 21.
• The revision disproportionately affects Indian nationals in EB-2 and EB-3 categories, where decades-long backlogs have left an estimated 134,000 children at heightened risk of aging out.
• Immigration attorneys and former DHS official Doug Rand have denounced the policy reversal as harmful to immigrant families, warning it will trigger fear and heartache across the community.