Immigration Law

Recent Posts

Cyrus Mehta on CSPA, Cuthill v. Blinken
Posted on 15 Mar 2021 by Daniel M. Kowalski

Cyrus Mehta, Mar. 15, 2021 "One of the unresolved conundrums in our immigration law is the inability of children of lawful permanent residents to be protected under the Child Status Protection Act (CSPA) when their parents naturalize to US citizenship... Read More

Tags: cspa , mehta

CA2 on CSPA, "Age" - Cuthill v. Blinken
Posted on 10 Mar 2021 by Daniel M. Kowalski

Cuthill v. Blinken "We hold that 8 U.S.C. § 1151(f)(2) incorporates the age-reduction formula in 8 U.S.C. § 1153(h)(1), which deducts processing time from the age of an F2A visa beneficiary. ... The question before us is whether the term... Read More

Tags: cspa

USCIS CSPA Policy Alert (Nov. 13, 2020)
Posted on 13 Nov 2020 by Daniel M. Kowalski

USCIS, Nov. 13, 2020 "Age and “Sought to Acquire” Requirement under Child Status Protection Act Background Congress enacted the CSPA in 2002 to protect certain child beneficiaries from losing eligibility for immigrant visas and... Read More

Tags: cspa , USCIS

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

High Court Splits 5-4 on CSPA: Scialabba v. Cuellar de Osorio
Posted on 9 Jun 2014 by Daniel M. Kowalski

KAGAN, J., announced the judgment of the Court and delivered an opinion, in which KENNEDY and GINSBURG, JJ., joined. ROBERTS, C. J., filed an opinion concurring in the judgment, in which SCALIA, J., joined. ALITO, J., filed a dissenting opinion. SOTOMAYOR... Read More

High Court to Review Immigration Dispute
Posted on 25 Jun 2013 by Daniel M. Kowalski

"The Supreme Court on Monday waded into a complicated dispute over a law aimed at keeping immigrant families together in a case that underscores the occasionally tense relationship between immigration proponents and the Obama administration as Congress... Read More

Supreme Court Visa Decision Throws Many to 'Back of the Line'
Posted on 10 Jun 2014 by Daniel M. Kowalski

"A divided Supreme Court ruled Monday that most immigrant children who have become adults during their parents’ years-long wait to become legal permanent residents of the United States should go to the back of the line in their own wait for... Read More

Supreme Court Decision on CSPA Coming Soon: Carl Shusterman
Posted on 5 May 2014 by Daniel M. Kowalski

"We expect the Supreme Court to issue a decision on the nationwide class action lawsuit regarding CSPA, Mayorkas v. DeOsorio, very soon, possibly on May 10 or May 19. While we lawyers argue over the meaning of terms like “retention”,... Read More

Wolfsdorf on China EB-5 Cutoff Date Problems; Apr. 22, 2015
Posted on 23 Apr 2015 by Daniel M. Kowalski

On April 22, 2015 Bernard Wolfsdorf posted two pieces on his blog about China EB-5 cutoff date problems, here and here . Read More

Posted on 23 Jan 2012 by Daniel M. Kowalski

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... Read More

Current and Former Members of Congress to Supremes: The CSPA Means What We Said!
Posted on 25 Nov 2013 by Daniel M. Kowalski

"Amici curiae are a bipartisan coalition of Members of Congress who were serving in 2002, when the Child Status Protection Act (CSPA) was passed. The Members care deeply about the preservation of family unity among immigrant families and the fairness... Read More

State Department on EB-5 Cutoff Date, CSPA
Posted on 15 Apr 2015 by Daniel M. Kowalski

Visa Office Attendance at IIUSA 2015 EB-5 Regional Economic Advocacy Conference April 13, 2015 "With respect to the implementation of a visa cutoff date for the EB5 visa category, how may a visa applicant whose employment based immigrant visa... Read More

DOJ Petitions SC for Cert. on CSPA Circuit Split: Mayorkas v. De Osorio
Posted on 26 Jan 2013 by Daniel M. Kowalski

"By a 6-5 margin, the en banc Ninth Circuit has held that Section 1153(h)(3) grants special priority status to all aged-out derivative beneficiaries, refusing to defer to the contrary interpretation of the Board of Immigration Appeals. That ruling... Read More

Cyrus Mehta on Matter of O. Vazquez
Posted on 13 Jun 2012 by Daniel M. Kowalski

" In Matter of O. Vasquez , 25 I&N Dec. 817 (BIA 2012), the first precedential decision on this issue, the Board of Immigration Appeals has clarified the “sought to acquire” provision under the Child Status Protection Act (CSPA... Read More

Cyrus D. Mehta - Preserving H-1B Extensions for Spouses; Freezing CSPA Ages
Posted on 31 Jan 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Jan. 30, 2016 - " The purpose of this blog is to draw attention to two little know legal concepts, which must either be preserved or introduced through the proposed rule entitled Retention of EB-1, EB-2 and EB-3 Immigrant Workers... Read More

Tags: cspa , mehta , spouses , H-1B