Children of foreign nationals applying for green cards or lawful permanent residency status will face new challenges under new immigration restrictions in the United States.
Parents apply for a green card at the same time as their children under 21. The new policy change will impact children, who turn 21 when their parents file for green cards.
Nicholas Mastroianni III, President & CMO, US Immigration Fund, states that in reality, the USCIS-led policy change will result in more kids losing the privilege to stay attached to their parents’ green card visa petition since the children will become adults over 21 for the purposes of the US immigration system, the Financial Express reported.
All about USCIS new policy
The United States has revised the Policy Manual to make it clear that a visa becomes accessible for the purposes of calculating age under the Child Status Protection Act (CSPA) based on the Department of State Visa Bulletin’s Final Action Dates chart.
The updated directive is applicable for requests submitted on or after August 15, 2025. However, USCIS will use the CSPA age calculation guideline, which was implemented on February 14, 2023, to amend status applications that are still pending with USCIS before August 15, 2025.
In general, a foreigner’s unmarried kid must be younger than 21 in order to be granted lawful permanent resident status in the US through their parent’s authorized application for a diversity, work, or family-sponsored visa.
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USCIS new policy results in different treatment to foreign nationals
According to their parents’ application, children are typically no longer entitled to immigrate if they reach 21 and age out during the process for immigration.
This policy amendment guarantees that the Department of State and USCIS adhere to the Final Action Dates chart in the Visa Bulletin to ascertain when a visa becomes available for the purposes of calculating CSPA age.
The February 14, 2023 policy, as stated by USCIS, led to different treatment for foreign nationals who submitted applications for modification of status in the US and foreign nationals who sought an immigrant visa with the Department of State outside the US.
The children must apply for a different visa if they age out. While the parents pursue their green card case, an aged-out child typically requires a new legal pathway, most frequently F-1, which frequently entails additional expenses, distinct travel regulations, and divided family schedules, as per Mastroianni III.
Here’s how new USCIS policy will impact Indians
Indian families seeking employment-based immigration under EB2 and EB3 are anticipated to face hardships as a result of the new USCIS interpretation of the CSPA.
According to Ignacio Donoso, Managing Partner at Donoso & Partners, LLC, the new interpretation of the CSPA raises the possibility that a young child will gradually be deemed over 21 under US immigration law and thus eliminated from the parent’s green card process due to long waiting periods for EB2 and EB3 green cards for highly skilled employees who were born in India, Finacial Express reported.
India usually has longer waitlists for jobs in the EB1, EB2, and EB3 categories. Therefore, the deadline for submitting documentation may be months or years before the deadline for issuing visas.
