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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.
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.