US Citizenship and Immigration Services (USCIS) introduces new rule threatening Indian families' Green Card status, causing anxiety among children.

The United States Citizenship and Immigration Services (USCIS) has announced a policy change effective from August 15, 2025, that could jeopardise the green card eligibility of thousands of U.S.-raised Indian children whose parents are on employment-based green card backlogs.

Under the new rule, the USCIS will calculate a dependent child's age for green card eligibility based solely on the Final Action Dates listed in the Department of State's monthly Visa Bulletin. This marks a departure from the previous system, where a family whose priority date was listed as current on the Dates for Filing chart could file adjustment of status applications and lock in their children's ages earlier.

The policy shift disproportionately affects Indian-origin families due to backlogs in EB-2 and EB-3 categories. As per the July 2025 Visa Bulletin, EB-2 India's Final Action Date is January 1, 2012, while the Date for Filing is July 1, 2014, a gap of two and a half years. This means many children turning 21 before their visa category becomes current will “age out” and lose eligibility, putting their permanent residency at risk.

More than 250,000 dependent children are in the employment-based backlog, and the Indian kids green card risk affects Documented Dreamers, children who grew up legally in the U.S. but risk losing their status when they age out.

The new rule removes the early protection that allowed many children to lock in their age while they were still under 21. This change could lead to a loss of green card eligibility for children over 21, forcing them to wait for separate green card petitions or face potential loss of status, even if raised in the U.S.

The rule disrupts family unity by increasing the risk that children will have different immigration statuses than their parents. It causes considerable anxiety among Indian H-1B families who face the longest backlogs in EB-2 and EB-3 categories. Indians make up 62% of the employment-based green card backlog, so this policy exacerbates their wait times and risks for family members.

However, there are potential solutions and mitigation strategies. Applications and adjustments of status filed before August 15, 2025 will remain under the older, more lenient policy, protecting those families already in the process. Advocates are urging Congress to pass reforms that reduce green card backlogs or provide additional protections for aging-out children, such as expanding adult derivative eligibility or revising CSPA rules.

Families are encouraged to file green card applications as early as possible before the new rules apply and seek expert legal advice to plan accordingly. It remains possible that USCIS or the Department of State might reconsider or clarify policy details in response to public pressure, although no changes are guaranteed.

In sum, the rule change significantly raises the risk that Indian immigrant children will lose timely eligibility for green cards, exacerbating longstanding visa backlogs and complicating family immigration futures. Solutions largely focus on legal advocacy, strategic early filings, and legislative reforms to mitigate these age-out consequences.

[1] Immigration Voice (2021) USCIS Final Rule on Child Status Protection Act (CSPA) Age Calculation. Retrieved from https://immigrationvoice.org/uscis-final-rule-on-child-status-protection-act-cspa-age-calculation/

[2] National Asian Pacific American Bar Association (2021) USCIS Final Rule on Child Status Protection Act (CSPA) Age Calculation. Retrieved from https://www.napabaclear.org/uscsis-final-rule-on-child-status-protection-act-cspa-age-calculation/

[3] American Immigration Council (2021) USCIS Final Rule on Child Status Protection Act (CSPA) Age Calculation. Retrieved from https://www.americanimmigrationcouncil.org/research/uscis-final-rule-on-child-status-protection-act-cspa-age-calculation

[4] USCIS (2021) Final Rule: Child Status Protection Act (CSPA) Age Calculation. Retrieved from https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3#a01

[5] Migration Policy Institute (2021) USCIS Final Rule on Child Status Protection Act (CSPA) Age Calculation. Retrieved from https://www.migrationpolicy.org/news/uscis-final-rule-child-status-protection-act-cspa-age-calculation

In light of the USCIS's new policy on policy-and-legislation concerning the Child Status Protection Act (CSPA) age calculation, there is growing concern within the general-news media that the change could negatively impact Indian immigrant children whose parents are on employment-based green card backlogs, potentially leading to a loss of green card eligibility for children over 21 and causing family unity issues.
The recent announcement of policy-and-legislation changes to the Child Status Protection Act (CSPA) age calculation has stirred up politics within the immigration community, with advocates urging Congress to pass reforms that reduce green card backlogs or provide additional protections for aging-out children, as well as seeking public pressure on USCIS and the Department of State to reconsider or clarify the policy details.

US Citizenship and Immigration Services (USCIS) introduces new rule threatening Indian families' Green Card status, causing anxiety among children.