Athira Sethu
Kochi, 11 August 2025
As of August 15, 2025, the US government is altering the rules regarding whether or not children can remain on their parents’ green card applications. This will impact thousands of families, particularly Indians residing in the US on H-1B work visas.
In US immigration law, an unmarried person under the age of 21 is defined as a “child”. If the individual ages 21 prior to the approval of the green card, they are no longer considered a child. It’s referred to as “ageing out”.
To assist with this issue, the Child Status Protection Act (CSPA) was established in 2002. It allows immigration authorities to apply a special calculation so that a child’s immigration age remains below 21, even after their actual birthday, if they meet specific requirements. This can only be done if the child remains single.
What is changing?
In 2023, the Biden administration permitted a more lenient method of determining the CSPA age by employing the “dates for filing” chart. This provided families with additional time before their children aged out. The US will resume employing the more restrictive “final action dates” chart starting from August 15, 2025. This reduces the time and enhances the likelihood that children will age out prior to receiving green card approval.
Why are Indians hit the hardest?
India boasts one of the world’s longest backlogs of green cards in the work category. More than 1 million Indians are waiting. Some must wait decades. Up to 134,000 children may lose their opportunity to receive a green card prior to the new policy — and now that figure might increase.
How the CSPA operates?
In order for a child to remain on the application:
-The I-140 petition should be approved.
-The I-485 application should be submitted.
-The priority date must be current.
-If the time the I-140 was pending is subtracted from it, the child should still be under 21.
-For instance, if the I-140 was approved in one year, that is deducted from the age of the child.
What families can do?
Lawyers recommend that families plan ahead. Premium processing for I-140 petitions can, at times, assist with CSPA age calculation. Every situation is unique, so legal counsel is advisable. Critics argue the change will be stressful and heartbreaking for families already waiting years.
