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Immigration Advocacy Groups Urge Supreme Court to Interpret Child Status Protection Act Broadly

Released on Wed, Nov 06, 2013

Washington, D.C.—This week, the American Immigration Council filed an amicus curiae brief urging the Supreme Court to rule in favor of young adults who, due to long delays caused by visa backlogs, lost the opportunity to obtain their “green cards” before they turned 21. The brief was filed in collaboration with the American Immigration Lawyers Association, National Immigrant Justice Center, Asian Americans Advancing Justice, and the Mexican American Legal Defense and Educational Fund.

The case, Cuellar de Osorio v. Mayorkas, involves a provision of the Child Status Protection Act of 2002 (CSPA).  The amicus brief argues that in the CSPA, Congress specifically remedied the problem of children who, due to long delays caused by visa backlogs, turned 21 and lost the opportunity to immigrate with their families before a visa became available.  Specifically, the brief argues that children listed as beneficiaries on all types of visa petitions – and not simply those filed by lawful permanent residents, as the government argues – are entitled to retain the earlier filing date of their parents’ visa petitions when new visa petitions are filed for them as adults.  As a result, they do not have to wait as long for new visas. The brief presents compelling case histories illustrating the hardship that these families have suffered as the result of the government’s narrow interpretation.    

The amici were represented on a pro bono basis by Lori Alvino McGill and Nicole Ries Fox of Latham and Watkins, LLP.  Read more about this case and the Child Status Protection Act on our website.

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For press inquiries, contact Wendy Feliz at wfeliz@immcouncil.org or 202-507-7524.

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