CSPA Age Lock: Does Filing Under Chart B Protect Your Child's Age?

One of the most important considerations for EB-3 applicants with dependent children is understanding how the Child Status Protection Act (CSPA) interacts with the two-chart visa bulletin system. Specifically, many applicants wonder whether filing an adjustment of status application based on the Dates for Filing chart (Chart B) is sufficient to lock in a child's age under CSPA protections. The CSPA was enacted to protect children from aging out of derivative beneficiary status due to administrative processing delays. Under CSPA, a child's age is calculated using a specific formula that subtracts the time a petition was pending from the child's biological age at the time a visa becomes available. However, the child must also 'seek to acquire' the visa within one year of visa availability. The Dates for Filing chart (Chart B) allows applicants to submit adjustment of status applications even before a visa number is immediately available, provided USCIS authorizes its use in a given month. The critical question is whether filing under Chart B constitutes 'seeking to acquire' a visa for CSPA purposes and whether it freezes the child's calculated age. For EB-3 applicants whose priority dates are current under Chart B, filing concurrently with their spouse and children is generally advisable when permitted.