Category Archives: CSPA

USCIS Provides Updated Guidance for F2A and F2B Derivative CSPA Cases Affected by Cuellar de Osorio

Posted on July 6, 2015 by Mike Baker

U.S. Citizenship and Immigration Services (USCIS) has issued a policy memorandum (PM) rescinding a case hold issued on November 21, 2013 for certain Child Status Protection Act (CSPA) cases impacted by the nationwide class action litigation in Scialabba v. Cuellar … Continue reading →

Posted in Aged-Out Derivative Beneficiary, Aging Out Provisions, CSPA, derivative beneficiary, F2A and F2B Derivative, Preference Categories, Retain a Priority Date for an Aged-Out Derivative Beneficiary, SCOTUS, USCIS Guidance | Leave a comment

CA7 finds retroactive application of “sought to acquire” of CSPA would be a manifest injustice

Posted on July 26, 2014 by Mike Baker

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 →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Child Status Protection Act, CSPA, CSPA Formulas for Calculating Age | Leave a comment

SCOTUS defers to BIA on aged-out beneficiaries-Scialabba v. Cuellar de Osorio

Posted on June 16, 2014 by Mike Baker

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 →

Posted in Aged-Out Derivative Beneficiary, Aging Out Provisions, Child Status Protection Act, CSPA, derivative beneficiary, Preference Categories, Retain a Priority Date for an Aged-Out Derivative Beneficiary, U.S. Supreme Court | Leave a comment

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)

Posted on July 28, 2011 by Mike Baker

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 | 1 Comment

Child Status Protection Act, CSPA

Posted on June 27, 2008 by Mike Baker

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 →

Posted in Aging Out Provisions, Child Status Protection Act, Citizenship and Immigration Services (CIS), CSPA | Leave a comment