USCIS Filing Chart for Calculating Child Status Protection Act Ag(e)

If you have a child listed as a dependent on a family- or employment-based green card case,
you’ve probably heard the phrase that keeps parents awake at night: “aging out.”
That’s what happens when a child turns 21 before a green card is available and suddenly
doesn’t qualify as a “child” under U.S. immigration law anymore.

The Child Status Protection Act (CSPA) was created to give families a fighting chance
against long processing times and moving priority dates. But the secret sauce in most CSPA
cases is one small thing that causes big confusion:
which USCIS filing chart actually counts for calculating your child’s CSPA age?

In this guide, we’ll break down:

• What the CSPA does and who it protects
• The basic formula for calculating CSPA age
• How the USCIS filing charts (Final Action Dates vs. Dates for Filing) really work
• Recent policy changes affecting which chart is used
• Real-world tips and experiences from families dealing with CSPA issues

Grab a calculator (or at least your inner math nerd) and let’s turn those scary visa charts into something you can actually use.

What the Child Status Protection Act Actually Does

Under U.S. immigration law, a “child” is an unmarried person under 21 who meets specific family
relationship criteria. The problem is that in many categories, immigrant visas take yearseven decadesto become available.
Without CSPA, a teenager listed as a dependent could turn 21 during that wait and lose eligibility as a derivative child.

The Child Status Protection Act doesn’t magically change the legal definition of “child.” Instead, it creates a
special calculation called CSPA age that can “freeze” a child’s age in certain situations so they can still be
treated as under 21 even after their actual birthday passes that threshold.

Who Can Benefit from CSPA?

CSPA can help several groups, but this article focuses on children who are:

• Derivative beneficiaries on family-based petitions (like F2A, F3, F4) filed on Form I-130
• Derivative children on employment-based petitions filed on Form I-140
• Some other categories (DV lottery, refugees, asylees) also have their own CSPA rules, but their calculations differ.

The CSPA analysis for family and employment preference categories is where the USCIS filing chart issue becomes critical.

The Core CSPA Age Formula (In Plain English)

For most family- and employment-based preference categories, the CSPA age is calculated with a simple-looking formula:

CSPA age = Age when a visa becomes available − Time the immigrant petition was pending

Let’s break that down.

Step 1: When Does a Visa “Become Available”?

This is where the Visa Bulletin and USCIS filing charts come in. A visa is considered “available” when:

• The underlying petition (I-130 or I-140) is approved, and
• The priority date is “current” according to the rules USCIS is using for that month.

The tricky part: since 2015, the Department of State’s Visa Bulletin has two different charts for most categories:

• Final Action Dates (often called “Chart A”)
• Dates for Filing (often called “Chart B”)

These charts move at different speeds. Dates for Filing usually move earlier, meaning more people can file earlier,
but that doesn’t necessarily mean a visa can actually be issued yet.

Step 2: How Long Was the Petition Pending?

The “pending time” is generally:

• From the date USCIS received the petition (the priority date or receipt date)
• Until the date the petition was approved

That pending time is converted into years (and fractions of years) and subtracted from the child’s biological age on the
date the visa became available under the rules in effect at that time.

Step 3: Apply the Formula – A Simple Example

Imagine this scenario (numbers simplified for clarity):

• Your child, Alex, is listed as a derivative beneficiary on an I-140 employment-based petition.
• The I-140 was filed on January 1, 2020 and approved on January 1, 2022.
• That means the petition was pending for 2 years.
• The visa becomes available on September 1, 2026 according to the applicable chart.
• On September 1, 2026, Alex is 23 years and 0 months old.

Now apply the formula:

23 (actual age when visa is available) − 2 (years pending) = 21

If Alex’s CSPA age is under 21, they qualify as a “child” for this purpose. If the result is exactly 21
or older, there is no CSPA protection in this standard scenario. That’s why even a few months of pending timeand the exact
date the visa becomes “available”can make or break a case.

Oh, and there’s one more important rule: to lock in the CSPA age, the child usually must
“seek to acquire” permanent residence within one year of visa availability (often by filing Form I-485, or taking other qualifying steps in consular cases).

USCIS Filing Charts: Final Action Dates vs. Dates for Filing

Let’s unpack the two charts you see in every monthly Visa Bulletin:

Final Action Dates (Chart A)

This is the chart that tells the government when it can actually approve green card applications and
issue immigrant visas. When your priority date is earlier than the date in your category and country on this chart, a visa
number is truly available.

Dates for Filing (Chart B)

This chart is more generous. It lets certain applicants file their adjustment of status (I-485) earlier,
even though a visa number is not ready to be issued yet. USCIS decides each month whether applicants in the U.S. can use
the Dates for Filing or must use only the Final Action Dates to file I-485.

So we have:

• Final Action Dates → When visas can be approved/issued.
• Dates for Filing → When some applicants can file paperwork early.

But which one controls the CSPA age calculation? That’s where the policy has shifted over the last few years.

Timeline: How USCIS Has Used Filing Charts for CSPA Age

Before February 2023: Final Action Dates Only

Historically, USCIS treated a visa as “available” for CSPA purposes only when the
Final Action Dates chart became current for the applicant’s category and country. This often meant children
received less protection, because the Final Action chart is usually behind the Dates for Filing chart.

February 14, 2023 – August 14, 2025: CSPA-Friendly Period

In February 2023, USCIS issued guidance that made many families breathe easier. Under this policy, for certain adjustment of status cases:

• If USCIS announced that applicants could use the Dates for Filing chart to file I-485 in a particular month,
• Then that same Dates for Filing chart could also be used to determine when a visa “became available” for CSPA age calculation.

In simple terms: if USCIS told you to use Chart B to file, you could also use Chart B for CSPA. This often made a huge difference
because the child’s age was measured at an earlier moment, and the CSPA calculation could keep them under 21.

August 15, 2025 and After: Back to Final Action Dates Only

In August 2025, USCIS updated its policy manual again. Effective August 15, 2025, USCIS now uses only the Final Action Dates chart to determine visa availability for CSPA age calculations in most family and employment-based preference cases.

That means:

• Even if USCIS lets you file I-485 using the Dates for Filing chart for a given month,
• For CSPA age purposes, your child’s age is measured when the Final Action Dates chart becomes current and your petition is approved.

Practically speaking, this policy shift can cause more childrenespecially those of long-waiting categories like
F2B, F3, F4, EB-2 India, and EB-3 Indiato lose CSPA protection and “age out.”

Immigration advocates and attorneys have been vocal about the real-world impact of this change, especially on kids who have
grown up in the U.S. as dependents of long-term work visa holders. Regardless of the debate, the current reality is:
for most applicants, CSPA age is now tied to the Final Action Dates chart.

How to Use the USCIS Filing Chart for CSPA Age: A Step-by-Step Approach

Step 1: Identify Your Category and Country

First, note:

• Your preference category (for example, F2A, F3, EB-2, EB-3)
• Your chargeability country (often your country of birth)
• Whether you are in a family-based or employment-based category

Step 2: Confirm Petition Filing and Approval Dates

From your USCIS notices, collect:

• Receipt date / Priority date of the I-130 or I-140
• Approval date of that petition

You’ll need both to calculate how long the petition was pending.

Step 3: Look at the Visa Bulletin – Final Action Dates

Go to the current and past Visa Bulletins from the Department of State and focus on the
Final Action Dates chart for your category and country.

The date a visa becomes available for CSPA age (under current policy) is the month when:

• Your priority date is earlier than the Final Action Date listed for your category and country, and
• Your immigrant petition is already approved.

If USCIS allows you to file early using the Dates for Filing chart, that can help you get I-485 filed and start
benefits like work authorizationbut it doesn’t change the CSPA age calculation under the August 2025 policy.

Step 4: Do the Math (Carefully)

Once you know:

• The date the visa became available (using the Final Action chart and approval status)
• The child’s actual age on that date
• The total time the petition was pending

Apply the formula:

CSPA age = Biological age on visa-available date − Pending time of petition

If the result is under 21 and the child “seeks to acquire” within one year, the CSPA age is locked ineven if
the final decision or visa issuance comes later.

Real-Life Example: Family-Based F2A Case

Let’s imagine:

• A lawful permanent resident (LPR) parent files Form I-130 for a spouse and minor child (F2A category).
• The I-130 is filed on June 1, 2021 and approved on June 1, 2023 → pending time: 2 years.
• The child, Mia, was born on July 1, 2006.

Under the current policy, we look for the month when:

• Mia’s priority date (June 1, 2021) is earlier than the Final Action Date in the F2A chart, and
• The petition has already been approved.

Suppose that happens on November 1, 2026. On that date, Mia is 20 years and 4 months old (about 20.33 years).

Now calculate:

20.33 (age when visa became available) − 2 (years pending) = 18.33

Mia’s CSPA age is 18.33, safely under 21. If she files I-485 within one year of November 1, 2026 (or takes
another qualifying step if consular processing), her CSPA age will be locked and she remains eligible as a child.

Common Pitfalls When Using the USCIS Filing Chart for CSPA

• Confusing filing eligibility with visa availability. Just because USCIS lets you file I-485 using
  the Dates for Filing chart doesn’t mean your child’s CSPA age is measured on that earlier date under the current policy.
• Ignoring the approval date of the petition. If the petition is not yet approved when the Final Action Date
  becomes current, that date may not count as visa availability for CSPA purposes.
• Missing the one-year “seek to acquire” window. Even if the CSPA math works in your favor, failing to act
  within one year can destroy CSPA protection unless extraordinary circumstances apply.
• Not tracking monthly changes. Visa Bulletin dates move forward, stall, or even retrogress.
  You may only have a short window where your priority date is current under the Final Action chart.

Strategies to Protect Your Child’s CSPA Age

While every case is unique and you should get individualized legal advice, families often use some common strategies:

• Track the Visa Bulletin monthly. Make it a habitset a calendar reminderto check both the Final Action Dates
  and Dates for Filing for your category and country.
• Know your timeline and keep documents handy. Maintain a simple spreadsheet listing the filing date, approval date,
  child’s date of birth, and each month when your priority date becomes current under Final Action.
• File as soon as eligible. If a visa becomes available under Final Action and your child looks CSPA-safe,
  do not wait until the last week of the one-year window to “seek to acquire.”
• Consider professional help for complex categories. Long-backlogged countries and categories (like certain employment-based
  categories from India or China) often require careful CSPA analysis with historical Visa Bulletins.
• Use calculators cautiously. Some websites offer CSPA calculators. These can be helpful, but they rely on the data you enter
  and assumptions about policy. Always cross-check with official guidance or an attorney.

And remember: CSPA is not automatic. Someone has to actually calculate the age, apply the formula, and take timely steps to preserve eligibility.

500-Word Experience Section: What It Feels Like to Live with CSPA and Filing Charts

On paper, CSPA is a neat little math problem. In real life, it feels more like trying to do algebra on a roller coaster.
Families share remarkably similar stories even though their backgrounds differ.

One common experience is the monthly ritual of refreshing the Visa Bulletin like it’s exam results day. Parents bookmark the
chart for their preference category, check it during coffee breaks, and send screenshots to relatives in group chats.
When the Final Action Dates inch forward by a week, everyone cheers. When they freeze or retrogress, the mood in the house
drops instantly. The filing charts are no longer just numbers on a government sitethey dictate real milestones: whether a
teenager can start college as a permanent resident, apply for certain scholarships, or simply feel like their future is not hanging
on a spreadsheet.

Another shared experience is the uneasy dance between hope and planning. Many parents whose children are close to 21
end up making “Plan A” and “Plan B” for everything. Plan A assumes CSPA works: the child stays as a derivative, adjusts status,
and continues life with the family as a green card holder. Plan B assumes the worst: the child ages out and must find another
pathmaybe an F-1 student visa, maybe an H-1B in the future, or in some cases, moving back to a country the child barely knows.

Families with H-1B professionals often describe the experience as emotionally exhausting. Their kids have usually grown up in the
United States, gone to American schools, and speak accentless English. Yet suddenly, at 20 and a half, everyone in the house is
talking like actuaries: “If the Final Action Date moves 3 months a year and the petition was pending 18 months, we might squeak in…”
It’s not the kind of conversation anyone dreams of having with their teenager, but it becomes the norm.

Many parents also talk about the reliefalmost disbeliefwhen a good CSPA outcome finally becomes official. One family recalls
anxiously double-checking the age calculation with multiple lawyers before filing I-485 for their daughter. When the case was approved,
the daughter joked that her green card should come with an honorary math degree. Behind the humor, though, was deep exhaustion
from years of uncertainty.

On the flip side, there are families who discover too late that CSPA did not protect their child. Sometimes it’s because they assumed
that filing early under the Dates for Filing chart was enough, not realizing that the current policy uses only the Final Action chart
to measure age. Other times they missed the one-year “seek to acquire” window by a few months because life got in the wayhealth issues,
financial stress, or simply not understanding the rule. Those conversations are heartbreaking, and they underline a harsh reality:
in this area of immigration law, small details are everything.

The most practical lesson people share is simple: don’t go through it alone. Even if you’re very comfortable reading government
websites, having an immigration attorney or an experienced advocate check your CSPA analysis can prevent devastating mistakes.
Parents also say that staying organizedkeeping copies of every notice, tracking dates in a spreadsheet, and setting remindersmakes
the process feel more manageable. It doesn’t remove the anxiety, but it turns the filing chart from a mysterious enemy into something
you can at least monitor, understand, and plan around.

Above all, families emphasize communication. Explaining CSPA to a teenager is not easy, but kids appreciate knowing what’s going on,
even if the news isn’t all good. When parents are honest about the uncertaintyand also proactive about using every legal tool available
it turns the CSPA journey from a purely stressful countdown into a shared family project: one that, with the right timing and knowledge,
can still end in a green card and a much calmer future.

Conclusion: Turning CSPA Filing Charts into a Strategy

The USCIS filing chart for calculating Child Status Protection Act age is more than a bureaucratic detail.
It’s the hinge on which many young people’s futures swing. The switch back to using the Final Action Dates chart
for CSPA age calculations has made the landscape tougher, but not hopeless.

If you understand:

• How CSPA age is calculated
• Which filing chart controls visa availability under current policy
• How long your petition was pending
• And the critical one-year “seek to acquire” deadline

then you can turn those charts into tools instead of threats. Combine that knowledge with professional legal guidance, careful
tracking of the Visa Bulletin, and clear family communication, and you put your child in the strongest possible position under the law.

As with all immigration topics, this information is general and not legal advice. Policies can change, and CSPA analysis can be
nuanced. But understanding how USCIS uses filing charts for CSPA age is the first big step toward protecting your child’s place
in your immigration journey.