Monday, December 9th, 2019

CSPA Victory in Ninth Circuit, But Don’t File Yet! – Carl Shusterman


"Over four years after our law firm sued the USCIS and the State Department in DeOsorio v. Mayorkas to preserve the “automatic conversion” clause in the Child Status Protection Act (CSPA), on September 26, 2012, an en banc (11 judges) panel of the U.S. Court of Appeals for the 9th Circuit, ruled in our favor. 

The Court held that CSPA protects the rights of children who age-out during the process of waiting for their priority dates to become current before their parents immigrate under the family-based 3rd (sponsorship by a U.S. citizen parent) and 4th (sponsorship by a U.S. citizen sibling) preference category