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Category Archives: Child Status Protection Act
CA7 finds retroactive application of “sought to acquire” of CSPA would be a manifest injustice
The Child Status Protection Act, 8 U.S.C. 1153(h), allows adult children of lawful permanent residents to maintain child status if their parent filed a visa petition on their behalf while they were under 21 and prevents such children from aging … Continue reading
CSPA Formulas for Calculating Age
Formulas for Calculating Age F1:the unmarried, adult (21 or over) sons and daughters of U.S. citizens; F2A:the spouses and unmarried, minor (under 21) children of LPRs; F2B:the unmarried, adult (21 or over) sons and daughters of LPRs; F3: the married … Continue reading
SCOTUS defers to BIA on aged-out beneficiaries-Scialabba v. Cuellar de Osorio
The automatic conversion and priority date retention provision only applies to derivative beneficiaries of F2A petitions. The automatic conversion and priority date retention provision does not benefit F3 and F4 derivative beneficiaries of family based preference petitions. An alien needs … Continue reading
CSPA “Effective Date” includes all beneficiaries of previously approved visa petitions except those with applications adjudicated prior to the CSPA’s enactment. Arobelidze v. Holder (7th Circuit)
On August 6, 2002 President Bush signed the Child Status Protection Act. This law addresses the problem of minor children losing their eligibility for certain immigration benefits as a result of UCIS processing delays. (when children of U.S. citizens turn … Continue reading
Posted in Child Status Protection Act, CSPA
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Child Status Protection Act, CSPA
On August 6, 2002 President Bush signed the Child Status Protection Act. This new law addresses the problem of minor children losing their eligibility for certain immigration benefits as a result of UCIS processing delays. (when children of U.S. citizens … Continue reading