1. Class Action Child Status Protection Act
Lately, a hearing en banc was made and finally decision during the class action Child Status Protection
Act (CSPA) case issued by the U.S. Court of Appeals for the Ninth Circuit against the United States
Citizenship and Immigration Service (USCIS).
In a landmark decision of De Osorio v. Mayorkas, Ninth Circuit apprehended that the Child Status
Protection Act (CSPA) does grant for protection of priority dates, even if the child turns 21 years old
while waiting results in a backlog for a visa to become available, taking into consideration the large
number of applications. This process will shun away the arduous and a very long wait process of filing a
new petition for a new priority date to become current.
The government has the prerogative and can request an appeal of this decision to the United States
Supreme Court by filing for a Petition for Writ of Certiorari, which the Supreme Court can recognize or
decline. This “writ of cert” or "Cert Petition” have got to be filed within 90 days (or, on or before
December 26, 2012, or whichever the extensions specified on the filing date). If the USCIS refuses to file
an appeal, or if the Supreme Court rejects to accept the case, the decision that was rendered within the
Ninth Circuit happens to be final.
For various aspiring immigrants who may possibly be eligible for a lawful permanent resident
card also commonly known as green card under the decree in the De Osorio might perhaps be doubtful
to file and submit their applications because the wait could be to a certain extent outrageous, before
being aware whether or not the USCIS will file an appeal the case to the Supreme Court, or whether the
Supreme Court will nullify the decision rendered of the Ninth Circuit Court of Appeals. If a Child Status
Protection Act (CSPA) applicant files an application at the present, the application may in the end be
denied, in the result that the Supreme Court might invalidate the decision of the Ninth Circuit Court of
Appeals. Despite the fact that it may cause some minimal uncertainty or any undesirable outcome, a
prospective applicant ought to consider about the advantages and positive aspects of filing at this
instant, and must reflect on the benefits not in favor of with the probable consequences.
Posted at http://phoenixalegra.blog.com/2012/11/27/child-status-protection-act-cspa/