Wednesday, January 18th, 2017

Supreme Court Brief in Mayorkas v. Cuellar de Osorio (CSPA)

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"Respondents are law-abiding noncitizens who sought, through their U.S. citizen relatives, to immigrate to this country with their minor children, as the law permits.  They waited patiently for years, in some cases decades, for visas to become available, and in that time their sons and daughters turned 21, such that they were no longer able to immigrate under the petition filed by their U.S. citizen relatives.  Respondents became lawful permanent residents (LPRs), filed new petitions on behalf of their now-adult sons and daughters, and requested that those children receive credit for the years they had already spent waiting for visas, rather than being required to start again at the back of the queue.  The court of appeals correctly ruled that Congress expressly allowed that credit—known as “retention of priority date”—in the aptly-named Child Status Protection Act (CSPA), Pub. L. No. 107-208, §3, 116 Stat. 927, 928 (2002).