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SCOTUS Limits CSPA

Published: Monday, September 1, 2014

 
The Supreme Court of the United States (SCOTUS) has severely limited the applicability of the “conversion” provision of the Child Status Protection Act to the family preference categories. Many had hoped that in cases where children aged out, the court would allow a simple solution: the principal beneficiary would simply and automatically become the new sponsor and the derivate beneficiary would be able to retain the same priority date of the original petition. But SCOTUS deferred to the Board of Immigration Appeals’ “reasonable” interpretation of ambiguous law. According to that reading, the aged-out “child” can retain the original priority date only if no change of sponsor is required after the case becomes current. That is true only in a narrow sub-set of cases, a portion of the F-2A category. Aged-out beneficiaries in all other cases must file new cases with pushed-back priority dates. For a clear and sometimes irreverent explanation of background, applicable law and reasoning, read the SCOTUS decision here:
http://www.supremecourt.gov/opinions/13pdf/12-930_4g18.pdf

 

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