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    IMMIGRATION                                                            MARCH 20, 2026      |  The Indian Eye 38

              Trump Administration Erroneously

                       Freezes Child’s Age under the

                          Child Status Protection Act

                     Upon Approval of Visa Petition

                  Rendering It Virtually Ineffective

            BY CYRUS D. MEHTA AND      age under the Child Status     … “a visa becomes       month of the Department of   a child’s CSPA age should
                                       Protection Act (CSPA), and   available for the purposes   State Visa Bulletin that indi-  be reduced by “the number
            KAITLYN BOX*               agreed to use the Dates for   of Child Status Protection   cates that a visa is available   of days in the period during
            I   n early 2023, under the   Filing (DFF) to protect the   Act age calculation based   in the Final Action Dates   which  the  applicable  peti-
                                                                   on the Final Action Dates
                                                                                                                         tion described in paragraph
                                                                                              chart.
                                       age of the child. In 2025,
                Biden
                        administration,
                                                                   chart of the Department of
                                                                                                                         (2) was pending”.
                                       however, under the Trump
                USCIS had reversed
                                                                                                                             Because INA 245(a)(3)
            its longstanding policy of   administration USCIS again   State Visa Bulletin. The new   Nothing in the plain text   provides that an applicant
                                       changed course and revert-
                                                                   guidance applies to requests
            recognizing only the Final   ed to its prior policy, stating   filed on or after August 15,  of INA 203(h)(1)(A),  is eligible for adjustment of
            Action Dates (FAD) in the   in an August 8, 2025 Policy   2025. We will apply the Feb.                       status if “… an immigrant
            State Department Visa bul-  Alert that:                14, 2023, policy of CSPA age   however, states that the   visa is immediately available
            letin as protecting a child’s
                                                                     calculation to adjustment  I-140 petition must be  to him at the time his appli-
                                                                      of status applications   approved in order for     cation is filed”, a visa num-
                                                                      pending with USCIS                                 ber should be available at
                                                                      before August 15, 2025,  a child’s age to freeze  the time that USCIS accepts
                                                                      as these aliens may have   for CSPA purposes. The   an I-485 application for pro-
                                                                      relied on that policy                              cessing, even if it is based on
                                                                      when they filed.        same logic also applies  a  concurrently  filed  I-130
                                                                          We  discussed this   to I-130 petitions filed   or I-140 petition and or the
                                                                      policy change at length                            Dates for Filing in the Visa
                                                                      in a prior blog post.   concurrently  with  I-485  Bulletin prior to August 15,
                                                                          Now, USCIS seems    applications.  This pro-   2025. After August 15, 2025,
                                                                      to have made another                               a visa number should be
                                                                      CSPA-related    policy  vision states only that  available if it is based on a
                                                                      change in the August 8,   a child’s age is protect-  concurrently  filed  I-130  or
                                                                      2025 update to the US-                             I-140 and I-485 application
                                                                      CIS Policy Manual with-  ed for CSPA purposes  based  on  the  Final  Action
                                                                      out any public notice.   when:                     Dates.
                                                                      Immigration lawyers are                                This interpretation is
                                                                      increasingly seeing deni-                          consistent with the purpose
                                                                      als of I-485 applications   “the age of the alien on   of the CSPA, which is to ad-
                                                                      for derivative children   the date on which an immi-  just an applicant’s age in cir-
                                                                      that  were  filed  concur-  grant  visa  number  becomes   cumstances where  they are
                         m of                                         rently with an I-140 pe-  available for such alien (or,   not able to file an I-485 until
              CYRUS D. MEHTA & PARTNERS PLLC                          tition under the Dates   in the case of subsection (d),   after reaching the biological
                                                                      for Filing in the Visa
                                                                                              the date on which an immi-
                                                                                                                         age of 21. Invoking CSPA is
                                                                                                 Bulletin if the child was   grant visa number became   unnecessary when a deriva-

                 over 21 by the time that   available for the alien’s par-  tive applicant has been able
                                                                      the I-140 petition was   ent), but only if the alien has   to file her I-485 before turn-

                        later approved. USCIS’   sought to acquire the status   ing 21.

                                                                      current policy is  that a   of an alien lawfully admit-  Similarly, he plain lan-
                                                                      visa becomes available   ted for permanent residence   guage of INA 203(h)(1)(A)
                                                                      on the later of:        within one year of such avail-  requires only that immigrant
                                                                          The date the peti-  ability…”.                 visa number is available
              2              6th Floor                                tion was approved; or      Additionally,    INA    without making reference
                                                                          The first day of the   203(h)(1)(B)  clarifies  that   to the approval status of the

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