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Posts tagged "Child Status Protection Act"

9th Circuit Decision on Visa Petitions and Naturalization: Becoming an Immediate Relative Even if Over 21

Exciting news for certain children whose parents petitioned them who are waiting for a visa to become available! On February 14, 2018, the Ninth Circuit Court of Appeals came down with an important decision in Rodriguez Tovar v. Sessions. The Ninth Circuit rejected the Board of Immigration Appeals ("BIA")'s decision in Matter of Zamora-Molina, 25 I. & N. Dec. 606 (BIA 2011), which held that when a Lawful Permanent Resident ("LPR") parent petitions his minor child, and that parent later naturalizes, the child's age is his biological age, not his statutory age. The Ninth Circuit in Rodriguez Tovar held the contrary, specifically that USCIS will calculate the child's age on his parent's naturalization date based on the Child Status Protection Act ("CSPA"), when deciding whether he is an immediate relative of his naturalized parent (meaning under 21 child of a U.S. citizen).

Court ruling speeds up many immigrant visa wait-times, but possibly delays others.

On September 26, 2012, the Ninth Circuit issued a decision which will speed up petitions for people who were included in a visa petition filed for one of their parents, but who later "aged out" of that petition when they turned twenty-one. Under this case, if their parents file a petition for them after becoming a resident, USCIS will allow them to keep their original priority date, saving many years of waiting.

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