Category Archives: Retain a Priority Date for an Aged-Out Derivative Beneficiary

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

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