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Your child’s age needs its own immigration plan

Why older age-out guidance needs to be read alongside the 2025 USCIS policy update.

Policy explainer

For a family with an older child, the relevant age is a legal calculation. It should be reviewed early and revisited as the case develops.

What changed after the 2023 article?

USCIS announced an updated approach effective 15 August 2025. For cases covered by that policy, visa availability for CSPA age calculation is based on the Final Action Dates chart. USCIS stated that the February 2023 policy continues to apply to adjustment applications pending before 15 August 2025.

Why a simple birthday check is not enough

A child must generally remain unmarried, and CSPA can affect the calculated age. Petition-pending time, visa availability, the applicable policy and the requirement to seek to acquire permanent residence can all matter. Filing an investor petition does not automatically freeze a child’s age.

Bring the right information to your review

Prepare the child’s birth date, country of birth, marital status, current immigration status, petition receipt and approval dates if any, and adjustment or consular history. Ask for a written, case-specific assessment and the actions needed to preserve eligibility.

This page does not calculate a child’s CSPA age. Small differences in dates or procedural posture may change the result.

Sources: USCIS · August 2025 CSPA policy update

General information, not legal or investment advice. Sources reviewed 8 October 2026.

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