CSPA child age calculator
While a family waits in the green card line, a child may turn 21 at any time. After turning 21, a child generally can no longer immigrate with a parent as a "child." The Child Status Protection Act (CSPA) can, under certain conditions, "subtract" the time a petition was pending so the child is still treated as under 21. This calculator helps you work out your child's CSPA age.
How to use it
- Choose the category. An I-130 filed by a U.S. citizen for a child is an "immediate relative" case, which has the simplest rule; F2A and derivative children in employment- or family-based cases use the formula.
- Enter the dates. The filing and approval dates appear on the I-797 receipt and approval notices.
- Visa availability date. If the priority date was already current at approval, leave this blank; otherwise, enter the first day of the month in which the priority date became current on the "Final Action Dates" chart (or the date you actually relied on).
Calculation rules and legal basis
| Category | Rule | Basis |
|---|---|---|
| Children of U.S. citizens (immediate relatives) | Age is frozen on the I-130 filing date. A child who was under 21 at filing and remains unmarried is treated as a "child" | INA §201(f)(1) |
| F2A, derivative children and other preference categories | CSPA age = age on the visa availability date − days the petition was pending (filing to approval) | INA §203(h)(1) |
| Visa availability date | The later of the petition approval date and the date the priority date became current | USCIS Policy Manual Vol. 7, Part A, Ch. 7 |
| Which chart to use | For adjustment of status applications filed on or after August 15, 2025, the "Final Action Dates" chart controls | USCIS August 2025 policy update |
| "Sought to acquire" | The child must seek to acquire the green card within 1 year after the visa becomes available, for example by filing an I-485 or submitting a DS-260, or through similar documented action | INA §203(h)(1)(A) |
Common questions
Can my child still use CSPA after getting married?
Not as a "child." CSPA addresses only age; the child must remain unmarried. After marriage, in some categories the case moves to a different preference category (for example, married sons and daughters of U.S. citizens move to F3).
What if the Visa Bulletin retrogresses?
If the priority date became current and then retrogressed, and the child "sought to acquire" the green card while it was current, the CSPA age at that time can generally be locked in. This depends on USCIS policy and the facts of the case.
What happens if the parent naturalizes while waiting in F2A?
Once the parent naturalizes, the F2A case converts to an immediate relative case, and the child's age is determined by their actual age on the date the parent naturalized. If the child was already 21 at that point, this may hurt the child, so consult an attorney before naturalizing.
If my child ages out under CSPA, are there other options?
It may be possible to keep the original priority date and convert to another category ("automatic conversion and priority date retention"), but its scope is disputed and requires case-by-case analysis.
Related reading
- Family-based immigration: who can petition for whom?
- How to read the U.S. Visa Bulletin
- Adjustment of status (I-485)
Is your child about to turn 21? Time is often tight. Book an attorney consultation to plan your filing timing early.
Results are for reference only and are not legal advice. CSPA rules are complex and policies change; rely on the latest USCIS information and an attorney's advice for your specific situation.