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The Indian Eye
IMMIGRATION AUGUST 22, 2025 36
CSPA Disharmony is More Beautiful
Than Monotony Notwithstanding a
Discrepancy between USCIS and DOS
Policy in Protecting the Age of the Child
BY CYRUS D. MEHTA AND KAITLYN BOX* the application for adjustment of status without This change will become effective for applica-
knowing whether the CSPA would benefit them. tions filed on or after August 15, 2025.
n early 2023, USCIS reversed its longstanding To address this issue, USCIS has updated its pol- USCIS’ February 14, 2023 policy that used the
policy of recognizing only the Final Action icies, and now considers a visa available to calcu- DFF to protect the age of the child was salutary,
IDates (FAD) in the State Department Visa late CSPA age at the same time USCIS considers and should have been left in place. This policy
bulletin as protecting a child’s age under the Child a visa immediately available for accepting and protected many more children from aging out,
Status Protection Act (CSPA), and agreed to use processing the adjustment of status application. and had a clear legal basis since the DFF allowed
the Dates for Filing (DFF) to protect the age of This update resolves any apparent contradiction one to apply for adjustment of status based on visa
the child. This shift in policy allowed the age of between different dates in the visa bulletin and the availability under INA 245(a)(3) while the child’s
many more children to be protected under the statutory text regarding when a visa is “available.” age was also frozen based on visa availability un-
CSPA. USCIS acknowledged that: Cyrus Mehta had long advocated for the use der INA 203(h)(1)(A).
“After the publication of the May 2018 guid- of the DFF for CSPA calculation purposes, and The August 2025 policy reversal is ostensibly
ance, the same applicant for adjustment of status discussed the implications of this policy change aimed at ensuring that both the USCIS and the
could have a visa “immediately available” for pur- at length in a prior blog entitled “CSPA Dishar- Department of State (DOS) use the FAD chart
poses of filing the application but not have a visa mony: USCIS Allows Child’s Age to be Protect- to determine when a visa becomes available for
“become available” for purposes of CSPA calcu- ed under the Date for Filing While DOS Allows purposes of the CSPA calculation. A discrepancy
lation. Applicants who filed based on the Dates Child’s Age to Be Protected under the Final Ac- indeed existed between the USCIS and State De-
for Filing chart would have to pay the fee and file tion Date”. partment policy, as DOS did not issue guidance
Now, USCIS without advance that corresponded to USCIS’ February 14, 2023
notice has again reverted to its pri- guidance, nor did it update Foreign Affairs Manu-
or policy, stating in an August 8, al (FAM) accordingly. However, both the USCIS
2025 Policy Alert that: and State Department could have instead used the
… “a visa becomes available DFF rather than the FAD to determine visa avail-
for the purposes of Child Status ability.
Protection Act age calculation Notwithstanding the discrepancy between US-
based on the Final Action Dates CIS and State Department policy, using the DFF
chart of the Department of State for CSPA calculation purposes benefited children
Visa Bulletin. The new guidance in the U.S. in a nonimmigrant status whose age got
applies to requests filed on or after protected under the DFF, and who sought to ac-
August 15, 2025. We will apply the quire permanent residence within one year of visa
Feb. 14, 2023, policy of CSPA age availability, even though their parents obtained an
calculation to adjustment of status immigrant visa, and permanent residence, under
applications pending with USCIS the Final Action Dates some years later. It also
before August 15, 2025, as these benefitted the entire family if they were here in
aliens may have relied on that pol- the US and all filed I-485 adjustment applications
icy when they filed. together as it kept them united and they were able
This policy update ensures to derive benefits from the I-485 such as work au-
both USCIS and the Department thorization and travel permission.
of State use the Final Action Dates USCIS’ policy reversal will have significant
chart in the Visa Bulletin to deter- implications for children whose age will no longer
m of mine when a visa becomes avail- get protected under the CSPA. Children of par-
CYRUS D. MEHTA & PARTNERS PLLC able for the purposes of CSPA age ents who were born in backlogged countries such
calculation. This establishes a con-
as India and China are likely to suffer the most se-
sistent CSPA age calculation for vere hardship, as it may be many years before the
aliens who apply for adjustment FAD becomes available, resulting in the children
of status and immigrant visas. The aging out before their age can be protected un-
Feb. 14, 2023, policy resulted in in- der the CSPA. Children who may age out before
consistent treatment of aliens who their age can get protected under the CSPA may
applied for adjustment of status be reluctant to even file an adjustment of status
in the United States versus aliens application in the current climate, as denials if the
outside the United States who ap- children age out could result in them being placed
2 6th Floor plied for an immigrant visa with into removal proceedings.
the Department of State.” It bears considering whether the cruel pol-
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