"This policy memorandum (PM) rescinds a case hold issued on November 21, 2013, for certain Child Status Protection Act (CSPA) cases impacted by the Scialabba v. Cuellar de Osorio litigation as described in PM-602-0094, “Guidance to USCIS Offices on Handling...
On April 22, 2015 Bernard Wolfsdorf posted two pieces on his blog about China EB-5 cutoff date problems, here and here .
"Yesterday, I presented the panel discussion at the IIUSA meeting in Washington, D.C. with Charlie Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State. He announced the establishment of China EB-5 Cut-off date of...
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 petition...
"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 in the...
"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 had done...
"A major storm was supposed to take over the District of Columbia today. While the federal and District government closed down in anticipation of bad weather, I trudged along to the U.S. Supreme Court to hear oral arguments in Mayorkas v. de Osorio , an...
Transcript Case file with links to briefs and argument preview
"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 of our...
"After more than a decade of silence, the government has issued policy guidance on the Child Status Protection Act, 8 U.S.C. 1153(h)(3) (CSPA). The guidance addresses the very provision the Supreme Court will be addressing in Mayorkas v Cuellar de Osorio...
USCIS, Nov. 21, 2013 : Guidance to USCIS Offices on Handling Certain Family-Based Automatic Conversion and Priority Date Retention Requests Pending a Supreme Court Ruling on Mayorkas v. Cuellar de Osorio
The order list granting ten cases for nine arguments, including on the issues of recess appointments and abortion protests, is here. Issue: (1) Whether Section 1153(h)(3) of the Immigration and Nationality Act– which provides rules for determining whether...
"Respondents are law-abiding noncitizens who sought, through their U.S. citizen relatives, to immigrate to this country with their minor children, as the law permits. They waited patiently for years, in some cases decades, for visas to become available, and...
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 v. Mayorkas...
"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 misinterprets...