In order to be included as derivatives on their parents’ permanent residence (green card) cases children must be under the age of 21.  The Child Status Protection Act (CSPA) provides some protection against a child “aging out” during the lengthy immigration process by establishing a “CSPA age” younger than a child’s chronological age. It is derived by taking the amount of time the underlying petition (e.g. I-130) spent in USCIS adjudication and subtracting it from the child’s chronological age when the petition is approved or the priority date becomes current, whichever occurs later.  But when does the priority date become current?

Since 2015 the State Department has been providing two possible answers.  One is found on the monthly “Dates for Filing” chart and the other on the “Final Action Dates” chart.  USCIS directs applicants to use only one of these charts in any given month, but until recently, only the Final Action Chart determined whether a priority date was current (whether a visa was available). 

Due to the way CSPA age is calculated, it is of critical importance to establish it on the earliest possible date. However, although “Dates for Filing” allow for an earlier filing than “Final Action Dates,” families directed to use the “Filing” dates were not benefiting from an immediate freeze on CSPA age.  Rather, the children’s CSPA ages continued to increase until the priority date became current per the “Final Action Chart.”

Therefore, in February the government revised its policy: when USCIS directs applicants to use the “Dates for Filing” chart to submit the I-485, they will use the same chart to determine CSPA age. Remaining unchanged is the policy regarding Final Action dates:  when USCIS announces that applicants must use this chart to file, the agency will also use the Final Action Chart in determining CSPA age.  Finally, past applicants whose cases were denied, and who would have benefited from the new policy, may file a motion to re-open.

Find further details in the February 14 USCIS Policy Memo “Age Calculation under Child Status Protection Act.”