LexisNexis® Legal Newsroom
DOJ Petitions SC for Cert. on CSPA Circuit Split: Mayorkas v. De Osorio

"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 the provision’s text and misapplies...

The Battle over CSPA Heads to the Supreme Court

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 in the U.S. Court of Appeals for...

Child Status Protection Act for Over-21 Derivatives: Implementing De Osorio v. Mayorkas

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 under existing statutes and regulations...

Supreme Court Brief in Mayorkas v. Cuellar de Osorio (CSPA)

"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 in that time their sons and daughters...

Supreme Court Grants Cert. in CSPA Case: 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 particular aliens qualify as “children”...

High Court to Review Immigration Dispute

"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 debates immigration reform. The justices said...

USCIS Policy Memo: CSPA Priority Date Retention Guidance

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

Nancy Morawetz Unpacks the CSPA Memo

"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 , scheduled for argument on December 10....

Current and Former Members of Congress to Supremes: The CSPA Means What We Said!

"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 country’s immigration procedures...

News Excerpts From The Dec. 15, 2013, Bender’s Immigration Bulletin

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 as part of the standard plea colloquy. The amendment...

Transcript of Supreme Court Oral Argument, Mayorkas v. Cuellar de Osorio

Transcript Case file with links to briefs and argument preview

Prerna Lal Reports from the Supreme Court on Mayorkas v. Cuellar de Osorio

"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 issue that has defined most of my existence...

Supreme Court Decision on CSPA Coming Soon: Carl Shusterman

"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”, “automatic conversion” and “appropriate...

High Court Splits 5-4 on CSPA: Scialabba v. Cuellar de Osorio

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, J., filed a dissenting opinion, in which BREYER...

Supreme Court Visa Decision Throws Many to 'Back of the Line'

"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 visas. In a 5-4 decision , the justices sided...

Mehta & Isaacson: Hidden Silver Linings in Cuellar de Osorio?

"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 in Li v. Renaud, that a narrow reading...

News Excerpts From the July 1, 2014, Bender’s Immigration Bulletin

Supreme Court Decides CSPA Case | On June 9, 2014, the Supreme Court issued its opinion in Scialabba v. Cuellar de Osorio , 2014 U.S. LEXIS 3991 [ enhanced opinion available to lexis.com subscribers ]. The Court held that the BIA’s textually reasonable construction of the Child Status Protection...

EVERY COUNTRY EXCEPT THE PHILIPPINES: NEW DEVELOPMENTS IN OPT-OUT PROVISION UNDER THE CSPA - Cyrus Mehta

"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 F2B. The American Immigration Council’s...

State Department on EB-5 Cutoff Date, CSPA

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 or whose parent’s employment based...

Wolfsdorf Practice Advisory on EB-5, China Cutoff, CSPA, Age-Out

"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 May 1, 2013 . This China cut-off date will...

Wolfsdorf on China EB-5 Cutoff Date Problems; Apr. 22, 2015

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

USCIS Policy Memo on CSPA Case Holds

"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 Certain Family Based Automatic Conversion...

USCIS Policy Memo on CSPA Late Filings, Extraordinary Circumstances

NOTE: Although this PM is dated April 15, 2015, it was posted to the USCIS website on July 29, 2015 . Guidance on Evaluating Claims of “Extraordinary Circumstances” for Late Filings When the Applicant Must Have Sought to Acquire Lawful Permanent Residence Within 1 Year of Visa Availability...

Cyrus D. Mehta - Save the Children Under the New Visa Bulletin

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. There will be two dates for the very first time...

Cyrus D. Mehta - Preserving H-1B Extensions for Spouses; Freezing CSPA Ages

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 and Program Improvements Affecting High Skilled Nonimmigrant...