This week, the U.S. Supreme Court issued a 5-4 decision in upholding the Board of Immigration Appeals’ restrictive interpretation of the Child Status Protection Act (CSPA). In Scialabba v. Vuellar de Osario, the Court addressed the issue involving immigrant (permanent) petitions on behalf of individuals with dependent children who age out – that is, turn 21 – during the pendency of the petition.

U.S. immigration law allows citizens and lawful U.S. permanent residents to file petitions for immigrant (permanent) visas for qualifying family members, such as spouses, siblings, and children of varying ages – from minors to adults. The individual being sponsored is referred to as a principal beneficiary of the petition; the principal’s spouse, minor child or children (an unmarried child under 21 years of age) are referenced as derivative beneficiaries. Generally, derivative beneficiaries are entitled to have the same immigrant status, in the same order as that granted to the primary beneficiary. The CSPA provides several provisions to protect minor derivative beneficiaries from losing their eligibility for immigrant status as they age while waiting for available visa numbers. This Act enables the freezing of a derivative’s age below 21; converting a petition from one category to another without the need to file a new petition, and the retention of one’s priority date – a place in line for permanent residence – assigned to the initial petition of which the aged-out child was unable to take advantage.…

Continue Reading U.S. Supreme Court Narrowly Interprets Provisions of Child Status Protection Act