🇺🇸 US Immigration · CSPA 2026
CSPA Age Calculator
Calculate your child's official CSPA age under the Child Status Protection Act for US immigration. Instantly find out if your child qualifies as a derivative beneficiary under age 21.
⚠️
Legal Disclaimer: This calculator is for informational purposes only and does not constitute legal or immigration advice. CSPA calculations can be complex — always consult a licensed immigration attorney (AILA member) for your specific case before making any immigration decisions.
🛂
CSPA Age Calculator
Enter the three dates below to calculate your child's CSPA age
📐 CSPA Age Formula Breakdown
CSPA Age = Age on visa availability date − (Days petition pending ÷ 365)
What Is CSPA?
Child Status Protection Act Explained
Understanding how CSPA protects children from "aging out" of immigration eligibility
The Child Status Protection Act (CSPA) was signed into law on August 6, 2002. It was created to protect children who were under 21 when a visa petition was filed on their behalf, but who turned 21 before a visa became available — a situation called "aging out."
Under CSPA, a child's official immigration age is calculated differently from their biological age. The law subtracts the time a visa petition was pending at USCIS from the child's age at the time a visa became available. This "frozen age" is what USCIS uses to determine eligibility — not the child's actual current age.
CSPA applies to most family-based and employment-based immigrant visa categories, as well as diversity visas and refugee/asylee adjustments.
📌 Key Formula: CSPA Age = (Child's age on the date a visa became available) − (Number of days the visa petition was pending at USCIS ÷ 365)
Reference Guide
CSPA Applicability by Visa Category
Which immigration categories are covered under the Child Status Protection Act
| Category |
Description |
CSPA Coverage |
Key Note |
| IR |
Immediate Relative of US Citizen |
✅ Yes — Age frozen at petition filing |
Most straightforward — age locked when I-130 filed |
| F1 |
Unmarried Sons/Daughters of US Citizens |
✅ Yes |
Child can "age out" to F1 category if CSPA age ≥ 21 |
| F2A |
Spouses & Minor Children of LPRs |
✅ Yes |
Pending days calculation applies |
| F2B |
Unmarried Adult Children of LPRs |
✅ Yes |
Child moves from F2A to F2B if CSPA age ≥ 21 |
| F3 |
Married Sons/Daughters of US Citizens |
✅ Yes |
Must seek to acquire LPR status within 1 year |
| F4 |
Siblings of US Citizens |
✅ Yes (derivatives) |
Applies to derivative children on petition |
| EB-1/2/3 |
Employment-Based Categories |
✅ Yes (derivatives) |
Applies to accompanying children of principal beneficiary |
| DV |
Diversity Visa Lottery |
✅ Yes |
Age calculated as of time of visa interview |
| Asylum |
Asylee/Refugee Derivatives |
✅ Yes |
Age frozen at time principal applicant applied |
FAQ
CSPA Age Calculator — Common Questions
What is the CSPA age and how is it calculated?
▼
CSPA age is a special immigration age used to determine if a child qualifies as a "child" (under 21, unmarried) for US immigration purposes. It is calculated using this formula: CSPA Age = Age on the date a visa became available − (Days petition was pending at USCIS ÷ 365). If the resulting CSPA age is under 21, the child is protected from aging out under most visa categories.
What does "aging out" mean in immigration?
▼
"Aging out" refers to a child turning 21 while waiting for a visa to become available. Under traditional rules, once a child turns 21, they lose "child" status and can no longer be included on their parent's immigrant visa petition. The CSPA was enacted to prevent this by using a calculated age (not the biological age) to determine eligibility. If the CSPA age is under 21, the child is protected — even if they have already turned 21.
What is the "1-year seek to acquire" rule under CSPA?
▼
Even if a child's CSPA age is under 21, they must also "seek to acquire" lawful permanent resident status within one year of visa availability. This means they must take an affirmative step — such as filing Form I-485 (Adjustment of Status) or submitting an immigrant visa application at a consulate — within one year of the date a visa became available in their priority category.
Where do I find the petition receipt date and approval date?
▼
Both dates are found on USCIS Form I-797 (Notice of Action). The receipt date is typically at the top of the form and is used as the petition's priority date. The approval date is at the bottom. The number of days between these two dates is the "pending time" you subtract in the CSPA formula. You can also find this information through your USCIS online account.
Does CSPA apply to all visa categories?
▼
CSPA applies to most family-based immigrant visa categories (F1–F4), all employment-based categories (EB-1 through EB-5) for derivative children, Diversity Visa lottery cases, and asylum/refugee adjustments. It does not apply to non-immigrant visa categories (like F-1 student visas or H-4 dependent visas) or to petitions under special immigrant categories like VAWA or SIJ in all circumstances. Always verify with an immigration attorney.
What happens if the CSPA age is 21 or older?
▼
If the CSPA age is 21 or older, the child is considered to have "aged out" for that specific visa category. However, they may still have options: they may qualify for a different visa category (for example, aging out of F2A to F2B), or there may be other pathways available. An immigration attorney can help explore alternatives, including whether a new petition in a different category makes sense for your family's situation.