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

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

EVERY COUNTRY EXCEPT THE PHILIPPINES: NEW DEVELOPMENTS IN OPT-OUT PROVISION UNDER THE CSPA - Cyrus Mehta
Posted on 5 Mar 2015 by Daniel M. Kowalski

"Section 6 of the Child Status Protection Act (CSPA) allows beneficiaries of I-130 petitions that have been converted from the Family Second Preference (F2B) to the Family First Preference (F1), after the parent has naturalized, to opt out and remain... Read More

Tags: cspa , f2a , mehta , f1 , Philippines

Mehta & Isaacson: Hidden Silver Linings in Cuellar de Osorio?
Posted on 10 Jun 2014 by Daniel M. Kowalski

"Cuellar de Osorio does contain some seeds of hope for better outcomes in the future. ... [A] majority of the Court agrees that the meaning of §1153(h)(3) is an ambiguity subject to Chevron deference, rather than suggesting, as the Second Circuit... 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

STATE DEPARTMENT’S VISA OFFICE TAKES BROADER VIEW OF “SOUGHT TO ACQUIRE” PROVISION UNDER THE CHILD STATUS PROTECTION ACT
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

Cyrus D. Mehta - Save the Children Under the New Visa Bulletin
Posted on 21 Sep 2015 by Daniel M. Kowalski

Cyrus D. Mehta, Sept. 18, 2015 - "The changes made to the priority date system in the October 2015 Visa Bulletin have been positive and will provide much relief to beneficiaries of visas petitions caught in the employment and family-based backlogs... Read More

REINTERPRETING THE AUTOMATIC CONVERSION PROVISION OF THE CSPA TO HELP DREAM KIDS
Posted on 1 Oct 2011 by Daniel M. Kowalski

"It would make sense if the Administration withdrew its opposition to a broader interpretation of §203(h)(3) and followed Khaled v. Holder across the country." Cyrus D. Mehta on Sept. 16, 2011. Read More

Cyrus D. Mehta: EB-3 to EB-2 BOOST MAY NOT PROTECT YOUR CHILD UNDER THE CHILD STATUS PROTECTION ACT
Posted on 22 Oct 2011 by Daniel M. Kowalski

"If the EB-3 for India is truly expected to take 70 years before a green card materializes, a foreign national being sponsored today with a 1 year old child will have absolutely no hope of protecting the age of this child under the CSPA!"... Read More

Tags: cspa , eb-3 , mehta , India , child