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).
On October 2, 2015, the United States Department of Homeland Security ("DHS") announced that it is currently creating a new parole program that will help certain family members of Filipino and Filipino-American World War II veterans who are now United States citizens or lawful permanent residents. This program will allow eligible family members to request parole to come to the United States temporarily and provide support and care to our Filipino World War II veterans.
Effective immediately, USCIS has stated that it will now review visa petitions filed by individuals on behalf of their same-sex spouses.