In a major setback for immigrant families, the U.S. Citizenship and Immigration Services (USCIS) has abruptly rolled back a Biden-era protection for children of green card applicants. Effective August 15, 2025, dependent children will no longer be able to “lock in” their age under the Child Status Protection Act (CSPA) using the more flexible Dates for Filing chart.
What Changes Now
Under the new rule, USCIS will only consider the stricter Final Action Dates chart to determine eligibility. Because these dates are typically much later, far fewer applicants will qualify as dependents. Once a child turns 21, they “age out” of eligibility, losing their spot in the green card process tied to their parents.
Impact on Indian Families
The reversal disproportionately affects Indian professionals on H-1B visas, who already face the longest green card backlogs. Many children—raised legally in the U.S.—now risk becoming undocumented overnight or being forced to switch to adult visa categories that involve decades-long waits. Families could face painful separations despite years of lawful residency.
Legal & Human Concerns
Immigration experts say the move realigns policy with Trump-era restrictions. USCIS maintains that the Immigration and Nationality Act only defines those under 21 as “children,” but critics argue this decision undermines stability for thousands who have grown up in America. While applications filed before August 15 will follow old rules, others face uncertainty. USCIS has hinted at possible exceptions in “extraordinary circumstances,” though details remain vague.
A Clouded Future
For many, this change closes a critical lifeline. Without protection, “documented dreamers” who once hoped to transition to permanent residency alongside their parents may now be forced into a years-long legal limbo. Immigration advocates are calling for urgent legislative fixes, but until then, thousands of families remain in fear of being torn apart.
