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Immigration Law

Cyrus D. Mehta: Winter Blues - Freezing the Age of a Child under the Dec. 2015 Visa Bulletin

Cyrus D. Mehta, Dec. 6, 2015 - "While there has been no official guidance, and many of the practice advisories issued make scant reference, it is important that we advocate that the age of the child also be protected under the CSPA at the time that the filing date becomes current for the applicant.  A child ceases to be considered a child upon turning 21, and can no longer immigrate as a derivative with the parent, especially when the parent is likely to be caught in the backlogs.  It is thus important that the CSPA is made applicable to protect the child’s age at the time of the earlier filing date.  This will also promote legal consistency and harmony with respect to the broader definition of visa availability in the new visa bulletin. [Readers are cautioned not to expect that this will happen, and the whole purpose of this blog is to advocate that children get CSPA protection under the new visa bulletin.]"