Child Status Protection Act

We continue to wait for the U.S. Supreme Court to issue its decision in Mayorkas v. DeOsorio.  Congress passed the Child Status Protection Act (CSPA) in 2002 with the intent to keep families together.  However, USCIS has implemented the regulation narrowly, which has resulted in children who turned 21 years of age to lose their place in the very long visa line and has forced them to start the process all over.  In essence, these children may never be able to join their families because the backlog in priority dates can span decades.  The issue before the Supreme Court is whether the CSPA gives these children credit for the time they have been waiting for their priority date to become current.  This decision could impact many families.  I will post an update when the decision is issued.

Submitted by Shelley Grant, Esq.  shelley@bagiaimmigration.com