USCIS Policy Change Threatens Green Card Eligibility for Immigrant Children

The U.S. Citizenship and Immigration Services (USCIS) has reversed a key policy that protected many immigrant children from losing their green card eligibility due to age. Starting August 15, 2025, USCIS will use a stricter measure to calculate a child’s age under the Child Status Protection Act (CSPA). This could cause thousands of children to “age out” and no longer qualify as dependents on their parents’ green card applications.

The CSPA was created to prevent children from losing immigration benefits because of long processing times. Previously, USCIS used a “Dates for Filing” chart that allowed for earlier visa availability, giving children more time before they turned 21. The new policy will rely on the “Final Action Dates” chart, which often reflects later visa availability. This shift means many children might exceed the age limit before their green card process completes.

Indian immigrant families, particularly those on H-1B visas, face the greatest impact. Many are already stuck in long queues for employment-based green cards, and this change could affect over 1 lakh children in these families. The stricter age calculation increases the risk of family separation and uncertainty for those waiting years to settle permanently in the US.

Experts warn that this reversal brings significant legal and emotional challenges. Children who age out may be forced to leave the US, disrupting their lives and family unity. The change adds to the complex immigration hurdles that many Indian families already navigate.

As the new rule comes into effect, affected families are advised to seek legal guidance and explore options to mitigate the impact. This policy change highlights the ongoing difficulties immigrant communities face amid shifting US immigration regulations.