Chart B Selection Does Not Freeze Your Child's CSPA Age

A common misconception among EB-3 applicants with derivative children is that selecting Chart B (Dates for Filing) in the visa bulletin freezes or locks in a child's age under the Child Status Protection Act (CSPA). This is incorrect, and understanding the distinction is critical for families navigating the immigration process. The CSPA was enacted to protect children from aging out of derivative beneficiary status due to government processing delays. Under CSPA, a child's age is calculated by subtracting the time a petition was pending from the child's biological age at the time a visa becomes available. However, this calculation is tied to specific procedural milestones, not to which chart a family selects for filing purposes. Selecting Chart B for an Adjustment of Status filing does not constitute a visa becoming 'available' in the CSPA sense. The CSPA age is determined based on when the Final Action Date chart (Chart A) becomes current for the applicant's priority date — not the Dates for Filing chart. Families who file early using Chart B should be aware that their child's CSPA age continues to be calculated based on Chart A movement. For EB-3 applicants with children approaching age 21, this distinction carries significant practical implications. Relying on an early Chart B filing to lock in a child's CSPA age is a misconception that could lead to unexpected aging-out situations if the child turns 21 before Chart A becomes current and the CSPA calculation does not result in a protected age.