US Tightens Immigration Rules Affecting Children’s Green Card Eligibility
The Trump administration in the United States has announced changes to green card rules that will significantly impact children applying through their parents' immigration petitions. The new rule issued by the U.S. Citizenship and Immigration Services (USCIS) changes how a child's age is calculated.
Starting August 15, the USCIS will use the **Final Action Date** instead of the **Date for Filing** to determine a child's age under the Child Status Protection Act (CSPA). This change could lead to more children aging out of eligibility before their applications are processed, as Final Action Dates typically move more slowly.
Under current rules, an unmarried foreign national under 21 can apply for lawful permanent residency (green card) based on an approved petition by their parents under family-sponsored, employment-based, or diversity visa categories. However, if they turn 21 during the process, they may age out and become ineligible under their parents' petition.
The shift to Final Action Date will likely result in many children being classified as adults sooner, which may impact thousands of families, especially in high-demand countries like India where green card waiting times are already lengthy.