New US Citizenship Rules from Aug 15: Why Green Card Dreams of Indian-American Kids Are at Risk

Amid the rising focus of green card eligibility of several Indian American children, the recent policy revision in United States can have a notable impact on these families.

In a latest amendment issued on August 8, the US government stated, “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.”

As per 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 onwards, the modification will be applicable for applications filed on or after the date.

What is Child Status Protection Act?

In order to bring a change in the application process, the Child Status Protection Act (CSPA) must be known. Implemented in 2002, this law protected certain children from aging out while they waited in the green card backlog.

Change “Dates for Filing” to “Final Action Dates”

Till now, the “Dates for Filing” chart was used, the one that allowed families to “lock in” their child's age earlier, even if their visa wasn't available, in the monthly Visa Bulletin to calculate CSPA age.

However, from August 15 onwards, the “Final Action Dates” chart will be used. This chart will enable in determining CSPA age when a visa is actually available and the green card can be approved.

How will it Affect Indian families?

Since ‘Final Action Dates’ lag the ‘Dates for Filing’ by years, this new change will be a negative impactfor Indians in EB-2 and EB-3 categories. This means 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 will have to switch to a student visa (F-1) or apply for another temporary status

On the other hand, 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 immigrant "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.