Immigration To The USA, USCIS

Delivering Solutions For Your Future

Immigration in America, USA flag

US Supreme Court Reversed 9Cir Regarding Aged Out Dependents

June 9, 2014

US Supreme Court Reversed 9Cir Regarding Aged Out Dependents

 

The Court reversed and remanded the Ninth Circuit’s decision in De Osorio v. Mayorkas, holding that the Child Status Protection Act (CSPA) under INA ยง203(h)(3) is ambiguous and that a court must defer to the BIA’s narrow interpretation in Matter of Wang. Essentially, the Court found that in order to “automatically convert” to a new visa category, aged-out children must continue to have a qualifying preference relationship with the initial petitioner.