Don’t Let Your Child Age Out! Learn How to Calculate CSPA Age Step by Step!

Under U.S. immigration law, a “child” is defined as an unmarried individual under 21 years old. However, due to long waiting times in some immigration categories—such as when a green card holder petitions for a child or a U.S. citizen petitions for siblings—many children may “age out” during the waiting period and lose eligibility.

To address this, the Child Status Protection Act (CSPA), enacted in 2002, introduced the “age-freezing” mechanism. It allows a child’s immigration age to be frozen at a specific point or adjusted by formula, preserving their “child” status in many cases.

U.S. Citizen Petitioning for a Child.

If the Form I-130 is filed before the child turns 21, the child’s age is automatically locked on that date.

Example 1: Mr. Liu, a U.S. citizen, filed Form I-130 for his 19-year-old son on January 1, 2020. The petition was approved on January 1, 2024, when the son was already 23 years old. However, since the filing date locked his age at 19, the son still qualified as a “child” and obtained his green card.

Green Card Holder Petitioning for a Child.

These cases involve waiting lines, so the CSPA formula applies.

Example 2: Ms. Wang, a green card holder, filed Form I-130 for her 13-year-old daughter under the F2A category on January 1, 2018. The petition was approved on July 1, 2020, and the visa became available in 2026—by then, her daughter was 21 years and 6 months old. According to the CSPA formula:

21 years 6 months − 2½ years (pending time) = 19 years

Because the result is under 21, her daughter retains eligibility and can still immigrate with her mother.

Don’t miss this Thursday’s session! Age-freezing is a vital safeguard for children in the immigration process. Curious about how it works for other cases—such as when a U.S. citizen petitions for siblings or nieces and nephews? Join us this Thursday for Attorney Cao’s live session!

Scan the QR code below to join the group and participate in the live Q&A. Stay tuned to our channel — we look forward to seeing you this Thursday!