Understanding the CSPA Frozen Age for U.S. Immigration and How to Calculate It

Under U.S. immigration law, an unmarried child under the age of 21 is considered a "Child" and may immigrate together with a parent. This rule applies to family-based and employment-based immigration, as well as to immediate relatives, victims of domestic violence, the Diversity Visa program, asylum, and refugee categories.

For example, if parents apply for an EB-2 green card, their minor child born in China may obtain a green card as a derivative beneficiary. Some categories have very long waiting periods, and applicants may wait many years before a green card becomes available; a child may still be a "Child" when the petition is filed but may have turned 21 by the time a green card number becomes available. This process is called "aging out." However, if the child's adjusted age under CSPA is not over 21 and other conditions are also met (including being unmarried and filing within one year after a visa number becomes available), the child remains a "Child" under immigration law and may immigrate together with the parents.

CSPA Age Calculator

The following tool can be used to calculate your CSPA adjusted age. Please enter:

• Your date of birth

• Your Priority Date (the filing date of the I-130/140/PERM, shown on the I-797 receipt notice)

• The approval date of the I-130/140, i.e., the date shown on the I-797 approval notice

• The date a visa number becomes available: for example, if your category becomes current in the August Visa Bulletin (or your priority date is earlier than the date listed in the chart), then you have a visa number available starting August 1. Under USCIS's new 2023 policy, you may use Chart B to determine whether a visa number is available; however, if USCIS states that Chart B cannot be used for your category that month and that Chart A must be used for filing, then you must use Chart A to determine whether a visa number is available. More explanation is provided below.

CSPA Age Calculator

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What Is the CSPA Age?

In 2002, Congress passed the Child Status Protection Act (CSPA), which was signed into law by President Bush, to alleviate the problem of children of immigration petitioners losing eligibility due to aging out. Common scenarios are as follows:

• When a U.S. citizen files a green card petition for a child, the child's age is "frozen" immediately. For example, A naturalizes and becomes a citizen, and A's son B, born in China, is already 20 years and 10 months old. A files a green card petition for B at that time; regardless of how slowly USCIS or NVC processes the case, B's age is calculated as 20 years and 10 months, and B is an Immediate Relative with no visa waiting period, rather than being converted to the F1 category that requires years of waiting.

• If green card holder parents file an immigration petition for a child and later naturalize before the child turns 21, the child's age is frozen on the date the parents naturalize.

• For other employment-based and family-based immigration categories, the child's "CSPA adjusted age" is calculated as: (chronological age when a visa number becomes available) minus (the processing time of the I-130/140/PERM).

According to the new policy issued by USCIS in February 2023, "a visa number is available" means that Chart B (Dates for Filing) has reached your priority date. For example, suppose your priority date is 2020/04/20. In August, if the Dates for Filing for your category is current or earlier than 2020/04/20, and USCIS announces that Chart B may be used that month, then:

• If you are in the United States, you may file I-485 after August 1 to adjust status and obtain a green card.

• If you are not in the United States and your case is processed through a consulate abroad, NVC will notify the applicant, based on Chart B, to prepare documents and submit them to the U.S. consulate.

In the above two scenarios, a "visa number is available" to you as of August 1, and your age on August 1 is your "biological age at the time a visa number is available." Note that if USCIS states that Chart B cannot be used that month and that applications must be filed under Chart A, then you likewise cannot use Chart B to calculate the CSPA age.

For ordinary employment-based and family-based immigration, if a child wishes to apply for a green card together with the parent, longer processing times for I-130/I-140/PERM may actually be beneficial, because that period is subtracted when calculating the CSPA age. Suppose the child's biological age when a visa number is available is 21 years and 6 months, and the I-130/I-140/PERM processing time is 1 year; then the child's adjusted CSPA age is 20 years and 6 months, still a "Child" under immigration law, and the child can obtain a green card together with the parent.

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What Are Chart A and Chart B?

The visa bulletin is published by the U.S. Department of State and consists of two parts:

• Application Final Action Dates: also called "Chart A," this is the chart for approving an immigrant visa or green card. If your applicable chart (depending on your category and region) becomes current this month, or your priority date is earlier than the date on Chart A, then USCIS or the consulate may begin approving your green card or immigrant visa this month (before that, they are not eligible to approve it). Note that the approval process and green card production take time; it does not mean you will necessarily receive the green card or immigrant visa this month.

• Dates for Filing: the chart for filing I-485 when applicable, also called Chart B. The Department of State publishes Chart B each month originally to speed up the process for applicants to submit documents, but USCIS is the agency that actually handles the cases, and it decides whether to continue accepting applications based on its case backlog. After the Department of State publishes the visa bulletin, USCIS usually states within a few days whether Chart B may be used that month. If you are adjusting status in the United States, your Chart B date is reached, and USCIS states that your category may use Chart B that month, then you may file I-485 to adjust status; if Chart B is not available, the applicant must rely on Chart A to determine whether I-485 may be filed. Starting in 2023, Chart B dates are also used to calculate CSPA age.