20 June 2011 ~ 12 Comments

Ninth Circuit Set To Hear CSPA Class Action Lawsuit on July 15

The Ninth Circuit is set to hear oral arguments in the nation-wide class action lawsuit regarding Section 203 (h)(3) of the Child Status Protection Act  (CSPA) on July 15.

Finally.

Often, children would age-out of immigrant petitions filed for them by their U.S. citizen or legal permanent resident parents at the age of 21 due to administrative delays and backlogs. The Child Status Protection Act was signed into law to prevent this from turning into pro-longed family separation. The provision under contention is Section 203 (h)(3) of the CSPA, which affects the aged-out derivative beneficiaries of family and employment visa petitions. The section states that even those adult children who age-out after a complex mathematical calculation get to retain their original date of filing and apply in the appropriate category. In this way, there is no additional wait for the aged-out derivative and the applicant can join her or his family.

However, USCIS holds that Section 203 (h)(3) affects only those whose petitions were filed initially in the F-2 category. In Matter of Wang, the BIA agreed with USCIS that the statute was ambiguous and allowed USCIS to continue with its own interpretation of the law. You can read my opinion about this dodgy issue here.

Reeves and Associates, along with Carl Shusterman, have been working on this issue for quite some time and Reeves filed the class action lawsuit. It is called Costelo v. Chertoff and you can get more information here.

I met Attorney Carl Shusterman for the first time this weekend and thanked him for his decade long work regarding this  major immigration issue. He told me that he expects to win in the Ninth Circuit, and if he does not, he promised to take it up with the whole Ninth Circuit and the Supreme Court of the United States.

If we win at any stage, I’m looking at an end of removal proceedings and a green card. Almost immediately.

Thousands of undocumented immigrant youth who were aged out of their visa petitions would actually become eligible for a green-card immediately.

At least, this is one battle that I don’t need to fight on my own.

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  • waited_out

    I am one of the aged out who will benefit from this as well. Do you know what it will mean if they win the oral arguments on 7/15? Does that mean that we can immediately apply for GC or will we need to wait more (months/years) for immigration to catch up with the court decision? Can’t they appeal, etc.? I have been waiting since 1999 and I have become very skeptical when someone says the waiting is over.  

    • The court will likely set forth the criteria and procedures IF Reeves and
      Associates wins oral arguments. They MAY appeal if they lose, but I doubt
      it. Usually, they just let it go. Or we can apply political pressure on them
      to just let it go. You shouldn’t worry about them appealing — you should be
      more concerned about them winning oral arguments.

  • waited_out

    I am one of the aged out who will benefit from this as well. Do you know what it will mean if they win the oral arguments on 7/15? Does that mean that we can immediately apply for GC or will we need to wait more (months/years) for immigration to catch up with the court decision? Can’t they appeal, etc.? I have been waiting since 1999 and I have become very skeptical when someone says the waiting is over.  

    • Moderator

      The court will likely set forth the criteria and procedures IF Reeves and
      Associates wins oral arguments. They MAY appeal if they lose, but I doubt
      it. Usually, they just let it go. Or we can apply political pressure on them
      to just let it go. You shouldn’t worry about them appealing — you should be
      more concerned about them winning oral arguments.

  • Pinkbeaches_17

    I am hoping and Praying that R&A will win the Oral Argument. Been waiting to recaptures my parents priority date for so long. Many age out could benefit if R&A will win the case. 

  • Pinkbeaches_17

    I am hoping and Praying that R&A will win the Oral Argument. Been waiting to recaptures my parents priority date for so long. Many age out could benefit if R&A will win the case. 

  • Pinkbeaches_17

    I am hoping and Praying that R&A will win the Oral Argument. Been waiting to recaptures my parents priority date for so long. Many age out could benefit if R&A will win the case. 

  • Lloydcastillo

    any update on the oral arguements?

    • waited_out

      I am one of the aged out who will benefit from this as well. Do you know what it will mean if they win the oral arguments on 7/15? Does that mean that we can immediately apply for GC or will we need to wait more (months/years) for immigration to catch up with the court decision? Can’t they appeal, etc.? I have been waiting since 1999 and I have become very skeptical when someone says the waiting is over.  

      • The court will likely set forth the criteria and procedures IF Reeves and
        Associates wins oral arguments. They MAY appeal if they lose, but I doubt
        it. Usually, they just let it go. Or we can apply political pressure on them
        to just let it go. You shouldn’t worry about them appealing — you should be
        more concerned about them winning oral arguments.

  • Lloydcastillo

    any update on the oral arguements?

  • Lloydcastillo

    any update on the oral arguements?

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