Tuesday, January 31st, 2017

Cyrus Mehta on Matter of O. Vazquez

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"In Matter of O. Vasquez, 25 I&N Dec. 817 (BIA 2012), the first precedential decision on this issue, the Board of Immigration Appeals has clarified the “sought to acquire” provision under the Child Status Protection Act (CSPA).  The CSPA artificially freezes the age of a child below 21 years of age so that he or she is not deprived of permanent residency when the parent is granted the same status.  One of the requirements is for the child to seek permanent residency within one year of visa availability.  Often times, a CSPA protected child falls through the cracks by failing to meet the prevailing rigid filing requirements within the one-year deadline.  Thus, the meaning of the term “sought to acquire” permanent residency has been hotly litigated in recent times.  Does it encompass only a filing