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How does the Visa Bulletin affect my child's CSPA age?

Updated · Not legal advice

For the Child Status Protection Act, USCIS treats a visa as available on the later of the petition approval date or the first day of the bulletin month in which the Final Action Dates chart shows your priority date as current. CSPA age = age on that date minus the time the petition was pending, and the child must seek to acquire status within one year.

CSPA calculation, step by step (USCIS method)
StepHowIllustrative example
1. Visa availability dateLater of: petition approval date, or 1st day of the month the Final Action chart is current for youApproval 2024-05-10; Final Action current from 2026-11-01 → 2026-11-01
2. Age at that dateChild's age on the availability date21 years 4 months
3. Pending timeApproval date minus filing date2022-03-10 to 2024-05-10 = 2 years 2 months
4. CSPA ageAge at availability minus pending time19 years 2 months: under 21, still a child

Why the chart choice matters

USCIS's CSPA page says the availability date uses the Final Action Dates chart. If a Dates for Filing date lets your family file earlier, that does not by itself lock in the child's age. When the Final Action Date moves past your priority date, the CSPA clock is set for that month.

Applications filed under earlier USCIS guidance may be treated differently; ask an attorney if your child's I-485 was filed while the earlier policy applied.

The one-year "sought to acquire" rule

  • The child must seek permanent residence within 1 year of visa availability.
  • Ways that count include filing Form I-485, submitting Part 1 of the DS-260, paying the immigrant visa fee, or having Form I-824 filed.
  • Retrogression does not erase availability that already happened, but missing the one-year window can lose CSPA protection.

Quick answers

Which Visa Bulletin chart does CSPA use?
USCIS's CSPA page uses the Final Action Dates chart to decide when a visa became available.
What is the CSPA formula?
Age at time of visa availability minus pending time (petition approval date minus filing date) equals CSPA age.
What if the date retrogresses after it was current?
The availability date already happened; what matters then is that the child sought to acquire status within one year. Get legal advice for your facts.
Does CSPA apply to derivative children in employment cases?
Yes, derivative children in family and employment preference cases can use the CSPA calculation.

What to do next: get your Visa Bulletin alert

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Sources

Checked: November 12, 2026