The Child Status Protection Act (CSPA) can keep a person treated as a child for immigration purposes even after turning 21. For family, employment, and Diversity Visa cases, USCIS computes the CSPA age as the age on the visa availability date minus the time the petition was pending. This calculator applies that formula to the dates entered. It follows the USCIS Policy Manual, Volume 7, Part A, Chapter 7 and does not decide any case.
Quick answer
| Item | USCIS rule in the Policy Manual |
|---|---|
| Child | Unmarried and under 21; CSPA only changes how age is counted |
| Preference and Diversity Visa cases | CSPA age is the age on the visa availability date minus the time the petition was pending |
| Pending time | From petition filing to approval; for Diversity Visa, from the start of the registration period to the selection notice |
| Chart for visa availability | Final Action Dates chart for Form I-485 filed on or after August 15, 2025 |
| Sought to acquire | Seek permanent resident status within one year of visa availability |
| Immediate relatives | Age is frozen on the filing date of the petition |
How to use the calculator
- Choose the type of case. An immediate relative of a U.S. citizen uses a different rule from a preference case.
- Enter the child’s date of birth and the date the petition was filed.
- For preference and Diversity Visa cases, enter the approval date and the visa availability date.
- Optionally enter the date the applicant sought to acquire permanent resident status, to check the one-year rule.
How the calculation works
The calculator counts the days between filing and approval, moves the birth date forward by that many days, and then checks whether the visa availability date falls before the child’s 21st birthday on the shifted calendar. That gives the same result as subtracting the pending time from the age on the visa availability date. A result under 21 means the person is treated as a child for CSPA purposes, as long as the person remains unmarried.
What counts as the visa availability date
For family and employment preference cases the Policy Manual describes the visa availability date as the later of two dates: the approval of the petition, or the first day of the month in which the Final Action Dates chart shows a visa available. USCIS says that for Form I-485 filed on or after August 15, 2025, it uses the Final Action Dates chart for the CSPA age even if Dates for Filing was used to file. For Diversity Visa cases the date is the first day the principal’s rank number is current. The calculator accepts the date as entered and does not look it up.
The sought-to-acquire rule
Preference and Diversity Visa cases also require that the applicant seeks to acquire permanent resident status within one year of visa availability. Filing Form I-485, paying the immigrant visa fee, or completing Part I of Form DS-260 counts as seeking to acquire. If the visa becomes unavailable again before a continuous year passes, a new one-year period starts when the visa is available again. Extraordinary circumstances may excuse a miss, but ordinary hardship such as money does not qualify. The calculator shows the deadline and compares it with the optional date entered.
Immediate relatives and other groups
For immediate relatives, including VAWA cases, the CSPA age is frozen on the filing date of the petition (Form I-130, or Form I-360 for VAWA), and the sought-to-acquire rule does not apply. Derivative asylees and refugees have their age frozen on the principal’s filing date. The calculator covers only the immediate relative case and the general preference or Diversity Visa formula.
What happens if the child ages out
The Policy Manual says that an F2A petition can automatically convert to F2B or F1 when a child ages out, under section 203(h)(3) of the Immigration and Nationality Act, in the situations that provision describes. For Form I-485 filed before August 15, 2025, USCIS applies an earlier policy, under which Dates for Filing could set visa availability. See Family preference categories explained for the categories.
Limits of the tool
- It does not check marriage, which ends the child status regardless of age.
- It does not know the correct visa availability date for a case. The date must come from the case record and the chart.
- It does not cover transition relief for applicants who did not file between February 14, 2023 and August 14, 2025 because of extraordinary circumstances.
- It is not a determination. Only USCIS or the Department of State decides, and a licensed immigration attorney can advise on a case.
Frequently asked questions
Does CSPA stop the clock at 21?
It changes how age is counted: the time the petition was pending is subtracted in preference and Diversity Visa cases.
Which date should be used as the filing date?
The date the petition was filed. For Diversity Visa cases it is the start of the registration period.
Can a married child use CSPA?
The Policy Manual says CSPA only changes the age calculation. The person must remain unmarried to be a child.
Is the result a decision on a case?
No. It applies a published formula to the dates entered.
Related reading
- Child Status Protection Act age explained
- Family preference categories explained
- How priority dates and the Visa Bulletin work
- All Green Card calculators
About this guide
This website is for information only. It is not affiliated with the U.S. government, does not give legal advice or consultations, and does not offer application services. A personal case belongs with USCIS or a licensed immigration attorney, and the current official pages control.
Last verified: October 2026. Source: USCIS Policy Manual, Volume 7, Part A, Chapter 7.