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Child Status Protection Act - American Immigration Council One requirement of the age-preservation formula of the CSPA is that the beneficiary must have “sought to acquire” lawful permanent resident status within one year of the visa becoming available INA § 203(h)(1)
PRACTICE ADVISORY1 Updated February 2015 - American Immigration Council 9 Many of these and other resources are collected on the CSPA page on AILA org For additional resources, see the Councils web page on the CSPA and C Wheeler, AILA’s Focus on the Child Status Protection Act (2008) 10 INA §§207(c)(2) and 208(b)(3) 11 CSPA §§4 and 5, codified at INA §§207(c)(2)(B) and 208(b)(3)(B)
The Child Status Protection Act | American Immigration Council This Practice Advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U S Department of State, the Board of Immigration Appeals, and The Child Status Protection Act | American Immigration Council
Scialabba v. Cuellar de Osorio - Supreme Court INA § 203(h)(3) provides alternate benefits - specifically, retention of the original priority date and automatic conversion of the petition - for beneficiaries who are found to have "aged out" under the age preservation formula of the CSPA The Council opposed the BIA’s restrictive interpretation of this provision in In amicus curiae briefs filed with several Courts of Appeals and the
Practice Advisories - American Immigration Council The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment
Velasquez-Garcia v. Holder - American Immigration Council One requirement of the age-preservation formula of the CSPA is that the beneficiary must have “sought to acquire” lawful permanent resident status within one year of the visa becoming available INA § 203(h)(1) The Council’s amicus brief argued for a more expansive interpretation of “sought to acquire” than the BIA’s interpretation in Matter of O Vasquez, 25 I N Dec 817 (BIA
No. 12-930 In the Supreme Court of the United States CSPA permits such “aged-out” children to retain ir the original priority dates, rather than being forced to begin the long wait for a visa all over again as adults The government contends, however, that the CSPA’s priority date retention remedy applies only to one
On Appeal From The Board of Immigration Appeals The Child Status Protection Act (CSPA) Pub L No 107-208, 116 Stat 927 (2002), is an ameliorative statute which provides age-out protection for derivative child beneficiaries adversely affected by administrative delays in the adjudication of immigrant petitions Tovar v U S Attorney General, 646 F 3d 1300, 1304-05