Why Indian kids may land up waiting longer for a US green card

For many, acquiring the US green card is a dream come true. However, making this a reality has just become harder for several thousands after the United States revised its policy on the Child Status Protection Act (CSPA) age calculation.

In a recent order, the US Citizenship and Immigration Services (USCIS) said it has narrowed the criteria used to determine whether a child can continue to qualify for a green card under their parent’s application. What this essentially means is that hundreds of children will no longer remain eligible for their parent’s green card queue once they turn 21.

While this sounds highly technical and beyond simple understanding, it has deep real-life consequences, especially for Indian migrants. Here’s how.

What is the new US order all about?

On August 8, the USCIS announced a major change in policy, which read: “We are updating the Policy Manual to clarify that a visa becomes available for the purposes of Child Status Protection Act age calculation based on the Final Action Dates chart of the Department of State Visa Bulletin. The new guidance applies to requests filed on or after August 15, 2025. We will apply the February 14, 2023, policy of CSPA age calculation to adjustment of status applications pending with USCIS before August 15, 2025.”

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But what does this actually mean?

It essentially reverses a Biden administration policy that prevented young adults from losing their legal status if a parent’s application was still pending when their children reached age 21. Earlier, in 2023, Biden administration allowed for more generous “dates for filing” chart to decide if a child’s age could be frozen under the Child Status Protection Act (CSPA), giving families extra time.

However, from August 15, the agency will revert to the “final action dates” chart — a less favourable benchmark that often shortens the protection window.

What does CSPA mean?

Under US law, a child is one who is both unmarried and under 21 years old.

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The law stipulates that if someone applies for lawful permanent resident (green card) status as a child but turns 21 before being approved, that person can no longer be considered a child for immigration purposes.

This situation, commonly referred to as “ageing out”, often meant that these applicants would have to file a new petition or application, wait even longer to get a green card, or may no longer be eligible for a green card.

Then in 2003, Congress recognised that many children were ageing out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from ageing out.

What the CSPA does is that it provides a method for calculating a person’s age to see if they meet the definition of a child for immigration purposes. This allows some people to remain classified as children beyond their 21st birthday.

Why are Indians worried about this change?

This change in rules will significantly affect Indians. India has one of the world’s longest waits for an employment-based green card, with backlogs stretching into decades. According to a study by the US policy think tank Cato Institute, Indians account for 62 per cent of the employment-based green card backlog in the US, with over a million green card petitions pending as of March 2023 under employment-based green card categories: EB-2 and EB-3.

Moreover, a 2023 analysis by David J Bier, director of immigration studies at the Cato Institute, found that there’s a queue of 1.07 million Indians in the EB-2 and EB-3 categories. Additionally, he predicted that nearly 134,000 children in these families could age out before a green card becomes available — a figure that could now rise even further under the revised calculation.

Doug Rand, a Department of Homeland Security (DHS) official during the Biden administration painted quite a grim picture. He noted that the rule change would result in many children being forced to the back of the line for a green card.

He also was quoted by the Business Standard as saying that the change was unnecessary. “It’s such a petty and obnoxious thing to do. Of course, the Trump administration is causing fear and heartbreak at a massive scale, across the immigration system, and this may seem like a small thing in the grand scheme,” he said.

And other experts also note that this change will affect many immigrants, namely Indians. Sukanya Raman, country head of Davies & Associates, an immigration firm, told the Economic Times that she was already witnessing panic among Indians in the US. She said that this is going to be a challenge given that the final action date is often years behind the date for filing, and many will risk losing the eligibility for green card in the US. “More children are at risk,” she said.

What next?

Immigration and visa experts note that children should switch to a student visa (F-1) or apply for another temporary status.

Some also noted that the investment-based visa, EB-5, is still an option as well. There could be a rush for filing for EB-5 in the coming days, provided the applicants have enough resources to invest in a short duration.

With inputs from agencies