What are the new green card rules for non-citizen children in the US? 5 key details students must know
Beginning August 15, the agency will switch from using the faster Dates for Filing to the slower-moving Final Action Date when determining a child's age under the immigration process.
While the change may sound technical, its impact is deeply personal: more children risk 'ageing out' before their applications are approved, losing their eligibility to stay under their parents' petitions and facing the uncertainty of starting the process from scratch.
This adjustment could significantly affect families already contending with long green card backlogs, particularly those from high-demand countries such as India.
New age calculation standard
From August 15, USCIS will determine a child's age based on the Final Action Date in the visa bulletin, replacing the earlier use of the Dates for Filing. This shift means the countdown to a child's 21st birthday will align with slower-moving timelines, potentially disqualifying more young applicants before their applications are processed.
by Taboola
by Taboola
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Why age matters in immigration
US law requires that an unmarried child must be under 21 to receive a green card through a parent's approved petition—whether family-sponsored, employment-based, or via a diversity visa. If the child turns 21 during the process, they generally lose eligibility and must start a separate application, often with much longer waits.
The role of the CSPA
The Child Status Protection Act (CSPA) was designed to stop children from ageing out due to visa backlogs by 'freezing' their age at the moment a visa becomes available.
In February 2023, USCIS expanded this safeguard by allowing the faster Dates for Filing chart to determine visa availability—giving families a better chance to lock in a child's age early.
Transitional window until 2025
While the new rule takes effect in mid-August, USCIS will allow families to benefit from the February 2023 policy until August 15, 2025, if they can show they were prevented from applying earlier due to 'extraordinary circumstances.'
This offers a narrow but critical window for families to secure a more favourable age calculation.
Why Indian families are particularly affected
For many Indian families stuck in years-long employment-based green card queues, the change is a setback. Children could now cross the 21-year threshold before the Final Action Date is reached, pushing them into a separate petition process. Experts recommend filing adjustment of status applications as soon as the Dates for Filing chart opens, preferably before August 15, 2025, to preserve eligibility under the current, more flexible rule.
This shift is more than just a bureaucratic tweak; it alters the trajectory for thousands of students who may have planned their education and career in the US. For families, the message is clear: Act quickly, understand the timelines, and secure your child's future before the window closes.
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