USCIS, Sept. 25, 2024 "Policy Highlights • Clarifies that USCIS calculates the CSPA age of an applicant who established extraordinary circumstances and is excused from the sought to acquire requirement using the date that the immigrant visa first became...
Cyrus Mehta, June 17, 2024 "Children of beneficiaries of approved I-140 petitions that are caught in the employment-based backlogs are in danger of aging out if they turn 21 and are unable to obtain permanent resident status with their parents. Although...
Cyrus D. Mehta, Jan. 22, 2024 "On February 14, 2023, the USCIS recognized that the age of the child gets protected under the Child Status Protection Act when the Date for Filing (DFF) in the Department of State (“DOS” or “State Department”...
Cyrus D. Mehta and Kaitlyn Box, Aug. 28, 2023 "As detailed in a prior blog , USCIS issued updated guidance on February 14, 2023 on when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age under...
USCIS, Aug. 24, 2023 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that USCIS considers the recent February 14, 2023, policy change to be an extraordinary circumstance that may excuse...
Brent Renison writes: "I am happy to report that we have obtained partial victory in our 3 year long class action lawsuit over CSPA (Nakka v. USCIS) which I just argued at the Ninth Circuit last week. USCIS changed its policy yesterday to apply Dates for...
USCIS, Feb. 14, 2023 "U.S. Citizenship and Immigration Services has issued guidance in the USCIS Policy Manual to update when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age in certain situations...
"A divided Supreme Court ruled Monday that most immigrant children who have become adults during their parents’ years-long wait to become legal permanent residents of the United States should go to the back of the line in their own wait for visas. In a...
"We expect the Supreme Court to issue a decision on the nationwide class action lawsuit regarding CSPA, Mayorkas v. DeOsorio, very soon, possibly on May 10 or May 19. While we lawyers argue over the meaning of terms like “retention”, “automatic conversion...
"The Supreme Court on Monday waded into a complicated dispute over a law aimed at keeping immigrant families together in a case that underscores the occasionally tense relationship between immigration proponents and the Obama administration as Congress debates...
Cyrus Mehta, Mar. 15, 2021 "One of the unresolved conundrums in our immigration law is the inability of children of lawful permanent residents to be protected under the Child Status Protection Act (CSPA) when their parents naturalize to US citizenship. The...
Cuthill v. Blinken "We hold that 8 U.S.C. § 1151(f)(2) incorporates the age-reduction formula in 8 U.S.C. § 1153(h)(1), which deducts processing time from the age of an F2A visa beneficiary. ... The question before us is whether the term “age” in § 1151...
USCIS, Nov. 13, 2020 "Age and “Sought to Acquire” Requirement under Child Status Protection Act Background Congress enacted the CSPA in 2002 to protect certain child beneficiaries from losing eligibility for immigrant visas and adjustment of status due...
Cyrus D. Mehta, Sept. 22, 2018 - "The Child Status Protection Act is one of the most complex pieces of immigration legislation. Passed in 2002, the CSPA protects the age of children who would otherwise not qualify as children if they turned 21. The lack of...
Cyrus D. Mehta, Jan. 30, 2016 - " The purpose of this blog is to draw attention to two little know legal concepts, which must either be preserved or introduced through the proposed rule entitled Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program...