Immigration lawyers are urging families with children nearing 21 to review timelines immediately and, if possible, file before the deadline to lock in CSPA protections. 
Immigration lawyers are urging families with children nearing 21 to review timelines immediately and, if possible, file before the deadline to lock in CSPA protections. A looming U.S. immigration policy shift could derail the futures of thousands of Indian children of H-1B visa holders — even those raised entirely in America — by stripping them of green card eligibility the day they turn 21. For machine learning engineer Naman Bhayani, the situation lays bare a painful irony: “Surprising to see that Indians are trying so hard to stay in a country which is humiliating them so royally. Dollar se itna lagav hai!!,” he wrote on LinkedIn.
The Child Status Protection Act (CSPA) was meant to protect children from “aging out” of green card eligibility during long processing delays. In February 2023, U.S. Citizenship and Immigration Services (USCIS) expanded that protection by allowing families to use the Dates for Filing chart — often years ahead of the Final Action Dates — to determine when a visa became “available” for CSPA purposes, effectively freezing a child’s age under 21 sooner.
Starting August 15, 2025, that protection will shrink. USCIS will revert to its older, stricter policy: only the Final Action Date will count toward CSPA age calculation. If it isn’t current before a child turns 21, they lose CSPA protection and their eligibility for permanent residency through a parent’s petition.
The change will hit hardest at families from heavily backlogged countries like India and China, where employment-based green card waits in categories such as EB-2 can stretch decades. Many children will age out years before their place in line is reached.
Key impacts:
USCIS says the update ensures consistency between its process and the State Department’s for both domestic and overseas applicants. Critics say it’s a devastating blow to “Documented Dreamers” — culturally American kids with no clear path to stay.
Immigration lawyers are urging families with children nearing 21 to review timelines immediately and, if possible, file before the deadline to lock in CSPA protections. After that, options narrow dramatically — often requiring a fresh green card petition that could take decades to complete.