The Supreme Court has just announced that it will review a case relating to the Child Status Protection Act (CSPA). CSPA prevents a visa beneficiary from “aging out” for visa purposes. A beneficiary can not take advantage of a visa petition approved on behalf of his parent, if he turns 21 before his parent’s adjustment of status.
At issue in Mayorkas v. De Osorio is the provision of CSPA that allows a beneficiary to retain his original priority date and whether it applies to other visa categories. The BIA had ruled in Matter of Wang that the automatic conversion only applies to F2A petitions. The Ninth Circuit had ruled that such ruling was contrary to the regulations. The Service has appealed the decision and the Supreme Court accepted jurisdiction this week.
I hope that court’s decision will shed some light on one of the most convoluted immigration laws. I look forward to reading it next year.