Immigration Law

Recent Posts

Recipe for Confusion: USCIS Says Only the Final Action Date in Visa Bulletin Protects a Child’s Age Under the Child Status Protection Act - Cyrus D. Mehta
Posted on 25 Sep 2018 by Daniel M. Kowalski

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... Read More

The Battle over CSPA Heads to the Supreme Court
Posted on 3 Feb 2013 by Daniel M. Kowalski

From Carl Shusterman's Feb. 2013 Newsletter, here's a long post : " On January 25, the U.S. Department of Justice submitted a 150-page Petition for a Writ of Certiorari to the Supreme Court requesting the Court to review our victory in DeOsorio... Read More

July 15, 2011, Bender's Immigration Bulletin: EOIR Disciplines 41 Attorneys
Posted on 5 Jul 2011 by LexisNexis Immigration Law Community Staff

EOIR recently took disciplinary action against forty-one attorneys for violations of the rules of professional conduct for immigration practitioners. The following twenty-one attorneys were issued orders of immediate suspension: Bradford J. Barneys... Read More

High Court Splits 5-4 on Part of Child Status Protection Act
Posted on 10 Jun 2014 by LexisNexis Legal Newsroom Staff

Scialabba v. Cuellar de Osorio, 2014 U.S. LEXIS 3991 (June 9, 2014) : The BIA’s textually reasonable construction of the Child Status Protection Act’s ambiguous language was entitled to deference, meaning that an aged-out “child”... Read More

News Excerpts From The Dec. 15, 2013, Bender’s Immigration Bulletin
Posted on 3 Dec 2013 by LexisNexis Legal Newsroom Staff

Federal Judges Required to Provide Immigration Warnings During Plea Stage | Under changes to the Federal Rules of Criminal Procedure that took effect December 1, federal judges are required to advise defendants of potential immigration consequences... Read More

Child Status Protection Act for Over-21 Derivatives: Implementing De Osorio v. Mayorkas
Posted on 4 Feb 2013 by LexisNexis Immigration Law Community Staff

By David Froman Holding a key provision of the CSPA unambiguous, the Ninth Circuit, en banc , approved the two-petition approach for aged-out derivative beneficiaries of family preference petitions. "Vertical" conversion offers a viable alternative... Read More