Sunday, May 27th, 2018

Cyrus Mehta on Matter of O. Vazquez

"In Matter of O.
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