Age-Out (CSPA)
Aging out happens when a child in a US immigration case turns 21 before getting a green card and so is no longer a "child" under immigration law. The Child Status Protection Act (CSPA) lets many children subtract waiting time from their age to stay eligible.
How CSPA works
- Immediate relatives of US citizens: the child's age is frozen on the date the I-130 was filed.
- Preference and derivative cases: CSPA age = age when a visa becomes available, minus the time the petition was pending. If that number is under 21, the child is protected, but they generally must "seek to acquire" a green card within one year.
USCIS has changed which visa bulletin chart it uses for this calculation over time, so check the current USCIS Policy Manual. A child who ages out may be able to keep the parent's priority date in a new category. See derivative beneficiary and F2B. CSPA math is tricky, so get legal advice.
Frequently asked questions
What does seek to acquire mean?
Taking a concrete step, such as filing the DS-260 or I-485, within one year of a visa becoming available.
Does CSPA apply to H-4 children?
No. CSPA protects green card cases. H-4 status ends at 21.
Can an aged-out child keep the priority date?
In some cases the date can carry over to a new family category.
Official sources
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.