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USCIS Switches to Final Action Dates for CSPA, Narrowing Green Card Protection for Dependent Children

It narrows the age-locking window for new filings, prompting a surge in last-minute green-card petitions and alternative visa strategies

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Overview

  • USCIS’s updated policy replaces the Dates for Filing chart with the Final Action Dates chart for CSPA age calculations on applications submitted August 15 or later.
  • Adjustment-of-status petitions already pending before August 15 will continue under the February 14, 2023 calculation method to honor applicants’ reliance on that guidance.
  • The agency also clarified that applicants must file for permanent residency within one year of a visa number becoming available to preserve CSPA protections, with only limited "extraordinary circumstances" exceptions.
  • Immigration experts warn that using Final Action Dates could leave thousands of dependent children—especially those of Indian nationals in long employment-based queues—at risk of aging out upon turning 21.
  • Immigration law firms are fielding an influx of last-minute requests and recommending that at-risk families file before the deadline or explore alternative visas such as F-1, H-1B or EB-5.