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Immigration Law

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.