CSPA Age Calculator: Will Your Child Age Out?
Turning 21 while waiting for a green card does not automatically cost a child the right to immigrate with their parents. The Child Status Protection Act (CSPA) lets you subtract the time the immigrant petition was pending from the child's actual age. This tool estimates CSPA age using the formula in INA 203(h).
CSPA age calculator
Check if your child may "age out" under CSPA
What is CSPA?
The Child Status Protection Act (CSPA) protects certain children from losing eligibility when they turn 21 during the green card wait. CSPA Age = Actual Age on Visa Availability Date - Petition Pending Time. If CSPA age is under 21, the child remains eligible as a derivative beneficiary.
The date USCIS received the petition (receipt date)
Leave blank if petition is still pending
Your priority date
Just enter your priority date. We work out the visa availability date from past final action dates.
How CSPA Age Is Calculated
The formula
CSPA age = the child's actual age on the date a visa becomes available − the number of days the immigrant petition was pending (receipt date to approval date). Coming out under 21 is only one of three conditions. The other two: the child must stay unmarried, and must take action within one year of the visa becoming available. ⚠️ This formula applies only to preference categories. Immediate relatives of U.S. citizens (IR) do not use it — their age is locked on the date the I-130 is filed.
Which chart decides when a visa is "available"
Since August 15, 2025, USCIS again uses the Final Action Dates chart to decide visa availability for CSPA, matching the State Department. From February 14, 2023 until then, it used the Dates for Filing chart. Note that two sets of rules now run side by side: for I-485s filed before August 15, 2025 and still pending, USCIS keeps applying the old Dates for Filing approach — so the result for the same child can depend on when the I-485 was filed.
You must "take action" within one year
The age lock does not take effect on its own. The applicant must "seek to acquire" permanent residence within one year of the visa becoming available — usually by filing an I-485, a DS-260, or an I-824. Miss that window and the age lock may be lost.
Frequently Asked Questions
- Does retrogression affect a CSPA age that is already locked?
- Retrogression after a visa has become available is complicated, and the USCIS Policy Manual addresses it specifically. If the application was filed within the one-year window, the age locked at that time generally applies. If it has not been filed yet, talk to a lawyer.
- Is it recalculated if the parent switches categories (for example EB-3 to EB-2)?
- Switching categories usually means a new immigrant petition, so the pending time that gets subtracted changes too. If the original priority date is carried over, check the receipt and approval dates of the new petition specifically.
- Can I use this result in my application?
- No. This tool is for self-checking and planning. USCIS makes the actual determination, and your case may involve factors this tool does not cover.
Sources: Data and Law
Related Tools
This tool gives estimates based on public regulations and government data, for reference only. It is not legal advice. We are not a law firm. Every case is different — talk to an immigration lawyer before making a decision.