Green card hopes of Indian-origin kids at risk as new US citizenship rules take effect August 15
The recent amendment issued on August 8 states, 'We are updating the Policy Manual to clarify that a visa becomes available for the purposes of Child Status Protection Act age calculation based on the Final Action Dates chart of the Department of State Visa Bulletin. The new guidance applies to requests filed on or after August 15, 2025. We will apply the Feb. 14, 2023, policy of CSPA age calculation to adjustment of status applications pending with USCIS before August 15, 2025.' After new US citizenship rules, Green card hopes of Indian-origin kids are at risk.
According to the Immigration and Nationality Act (INA), a child is a person who is under 21 years and unmarried.
The USCIS Policy Manual gives the key details about the time immigrant visa 'becomes available' for the purpose of calculating Child Status Protection Act age. Effective from August 15, the modification applies to applications filed on or after August 15.
Before moving to the change in the application process, one must know what is Child Status Protection Act (CSPA). This law implemented in 2002 protected certain children from aging out while they waited in the green card backlog.
Until now, 'Dates for Filing' chart was in use. This allowed families to 'locking in' their child's age earlier, even if a visa wasn't available, in the monthly Visa Bulletin to calculate CSPA age.
From August 15 onwards, the 'Final Action Dates' chart will be used. This is the date to determine CSPA age when a visa is actually available and the green card can be approved.
Since 'Final Action Dates' lag the 'Dates for Filing' by years and sometimes even decades, it is bad news for Indians in EB-2 and EB-3 categories. This implies that applicants applying for Green card, whose parent's family-sponsored, employment-based preference, or diversity visa has been approved, who turn 21 before the 'Final Action Date' are at risk of losing lawful permanent resident status as dependents under the new change.
Making it difficult for the child above 21 years to obtain a green card while parents move forward with the lawful permanent resident (LPR) status, the child would have to switch to a student visa (F-1) or apply for another temporary status.
Meanwhile, the old policy would continue to apply to applications filed before August 15, 2025, if the applicant submitted the paperwork aligning to the earlier rule, according to USCIS. 'If an alien demonstrates extraordinary circumstances for not applying for adjustment of status during the period of the Feb. 14, 2023, policy before August 15,2025, we will calculate CSPA age under the Feb. 14, 2023, policy,' the latest press release states.
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