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Immigration Law

115 Years of Solitude for Mexican Moms?

Carl Shusterman asks, "Does CSPA stand for Child Status Prevention Act?" - "Charles [Wheeler] correctly states that the number of persons who may immigrate to the U.S. under the family-based 2B category is limited to 26,266 annually.  There is a per-country limit of 7%, or 1,841 per year.  How many people born in Mexico are waiting currently in line for permanent residence in this category?  Here, Charles cites the the Department of State’s Annual Immigrant Visa Waiting List Report which provides the following number: 212,621.  Dividing this number by Mexico’s annual quota in the 2B category, the result is 115.5.  This is the number of years that it will take Juan to immigrate to the U.S. if the government is able to persuade the court that this is what Congress intended when they passed CSPA.  It is safe to assume that neither Juan nor his parents will be alive 115 years from now.  Therefore, the practical effect of deferring to Matter of Wang would be to prevent Juan, or anyone similarly situated, from ever being able to reunite with his family in the U.S.  If this indeed was Congress’ desire, one has to wonder why the law they passed in 2002 was called the Child Status Protection Act rather than the Child Status Prevention Act." - Carl Shusterman, May 14, 2012.