23 Jan 2012
STATE DEPARTMENT’S VISA OFFICE TAKES BROADER VIEW OF “SOUGHT TO ACQUIRE” PROVISION UNDER THE CHILD STATUS PROTECTION ACT
Cyrus D. Mehta writes: "Our recent success, which we
report here for the benefit of others, was regarding the interpretation of
“sought to acquire the status of permanent residency” within one year of visa
availability. At issue is whether the payment of the visa processing fees with
the National Visa Center within the one year period constituted “sought to
acquire” permanent residency within the one year period. ... In less than
two weeks from seeking the advisory opinion just prior to the New Year (2012),
we received the following communication from the Visa Office: 'Thank you for your inquiry to LegalNet.
Since the derivative applicants submitted their IV fee within one year of visa
availability, the Consular office will consider CSPA's sought to acquire
requirement satisfied. The visa unit in [redacted] will contact the
applicants to resume processing.' " - Jan. 22, 2012.