Is the age calculated under the Child Status Protection Act (CSPA) based on Chart A or Chart B?

The Child Status Protection Act (CSPA) is a U.S. immigration law designed to prevent minor applicants from losing their eligibility for a green card due to aging out—turning 21—while waiting during delays in the immigration process. The CSPA addresses this issue by adjusting the way an applicant's age is calculated, ensuring that eligible minors can retain their "child" status under immigration law even after turning 21.

If you are a family-based or employment-based immigrant with a priority date, the CSPA age calculation formula generally is:

Age at the time the visa becomes available − USCIS processing time = CSPA age

Of course, you must remain unmarried to qualify.

For example, if at the time the U.S. government deems your immigrant visa number available, your actual age is 21 years and 4 months, you are biologically overaged. But your application had been pending for 6 months with USCIS. Your CSPA age is calculated as follows: 21 years and 4 months − 6 months = 20 years and 10 months, which is underage under immigration law.

USCIS now allows the use of the “Dates for Filing” chart (Chart B) when calculating CSPA age, not just the “Final Action Dates” chart (Chart A) as before. Unfortunately, the U.S. Department of State (DOS), including consulates abroad, continues to rely on Chart A.

This article explains why the U.S. Citizenship and Immigration Services (USCIS) and U.S. consulates calculate CSPA age differently, and what each of these “charts” means:

1. What are “Chart A” and “Chart B”? Let’s understand the two charts.

The U.S. Visa Bulletin contains two charts:

Chart Name	Meaning
Final Action Dates (Chart A)	When an immigrant visa can actually be issued
Dates for Filing (Chart B)	When you can start preparing/submitting your immigration application, but not yet receive the visa

Chart B is usually several months or even years earlier than Chart A. This means that those who can use Chart B can lock in their age earlier and submit applications sooner.

2. USCIS can now use “Chart B” to freeze age

Previously: USCIS only used Chart A to determine whether a child applicant had aged out. That meant a child's immigration age had to be under 21 when Chart A became current in order to get a green card. This hurt many people, because visa backlogs were so long that children would “age out” while waiting.

Now: Starting February 14, 2023, USCIS changed its policy and announced:

“If this month we allow people to use Chart B to submit their green card applications, then we’ll also use Chart B’s date to lock in the child’s age!”

This means a child’s age can be frozen earlier, avoiding being considered “over 21” due to prolonged waiting times. This is good news—especially for applicants inside the U.S.

3. But the DOS (Department of State) still uses only “Chart A”!

Here’s the problem:

The Department of State (DOS)—which oversees the National Visa Center (NVC) and U.S. consulates abroad—still insists on using only Chart A.

That means:

• If you are outside the U.S., applying for an immigrant visa via NVC or a consulate,

• Your child’s CSPA age can only be calculated using Chart A.

Because Chart A becomes current later than Chart B, the child may have already turned 21 by then and be considered aged out.

A simple analogy:

You and your neighbor are the same age, and both of you are waiting in line to get tickets to enter a venue. The system determines your entry order based on a “chart.”

• You are in the U.S., applying through USCIS, and can now use Chart B to lock in your spot and enter early.

• Your neighbor is abroad, applying via DOS/NVC, and must wait for Chart A to open up—one step too late, and the ticket is gone.

So, even though you both waited in line, one child gets in, and one gets denied, just because the two departments use different charts.

4. Summary

USCIS now allows the use of Chart B to calculate CSPA age and lock in age earlier. But the DOS (Department of State) still only recognizes Chart A, causing many children of overseas applicants to be deemed “aged out” and miss their chance at immigration. This inconsistency has already led to legal disputes.

(Disclaimer: The information released is for information only and should not be construed as legal advice or a basis for decisions on any topic. All rights reserved. Reproduction requires permission from Allbelief Law Firm.)