NewsFlash! Supreme Court Rules Against Broader Application of CSPA

On June 9, 2014, the U.S. Supreme Court dealt a blow against hopes for a favorable interpretation of family unity-related provisions within U.S. immigration law. The Court held that the Board of Immigration Appeals (BIA) had authority to narrowly interpret key protections offered by the Child Status Protection Act (CSPA).

As discussed in the MurthyDotCom NewsBrief, U.S. Supreme Court on the Child Status Protection Act (12.Dec.2013), at issue in this case was the ability of a child who “ages out” of qualification as a derivative in a parent’s green card case, to use the CSPA to retain the initial priority date and convert to the appropriate family-based category. The Supreme Court ruled that the BIA may continue to limit use of this CSPA provision exclusively to situations where the case was initially filed in the family-based, second preference A (FB2A) category, which is for spouses and minor (under 21) children of permanent residents.

MurthyDotCom will publish a more thorough discussion and analysis of today’s disappointing Supreme Court decision in the near future.


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