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Child Status Protection Act - CSPA - Immigration Lawyer

 
  Overview:  
 

The Child Status Protection Act (CSPA) changes who can be considered a “child” for the purpose of visa issuance by the Department of State and for purposes of adjustment of status of aliens by USCIS.

The Act provides that if a US Citizen files a Petition for Alien Relative (Form I-130) on behalf of a child before he or she turns 21, the child will continue to be considered a child for immigration purposes even if USCIS does not act on the petition before the child turns 21. Children of lawful permanent residents also benefit if a Form I-130 is filed on behalf of their children.

On April 30, 2008, USCIS issued new guidance that allows aliens who had approved immigrant visa petitions prior to the enactment of the CSPA, but had not yet applied for permanent residence (either an application for adjustment of status or an immigrant visa) on the date of enactment to benefit from the CSPA. The new guidance includes many aliens who, subsequent to the enactment of the CSPA, never filed an application for permanent residence and aliens who filed an application for permanent residence but such application was denied solely based on the applicant’s age.

 
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REEVES & ASSOCIATES WINS NINTH CIRCUIT CSPA APPEAL!
Posted on: 09/26/2012
 

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

After years of litigation in federal courts, today heralded a victory for Reeves & Associates and our clients in the battle to expand coverage of protection under the Child Status Protection Act (CSPA) to “aged-out” derivative beneficiaries.  Today, September 26, 2012, the U.S. Court of Appeals for the Ninth Circuit published ...

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9TH CIRCUIT ACCEPTS CSPA CLASS ACTION FOR EN BANC REVIEW!
Posted on: 04/20/2012
 

By Nancy E. Miller & Robert L. Reeves

 We are ending April and beginning May on a very positive note in our ongoing-efforts to reunite families.  On Friday, April 20, 2012, the 9th Circuit Court of Appeals ordered that the Costelo Class-Action lawsuit filed by Reeves & Associates and its consolidated case De Osorio be reheard en banc.  En banc literally means “full cour ...

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Fifth Circuit Decision Breathes New Life Into the Child Status Protection Act Issues!
Posted on: 09/13/2011
 

By Robert L. Reeves & Nancy E. Miller

On September 2, 2011, the Ninth Circuit Court of Appeals issued a decision in the consolidated cases of De Osorio and Costelo et al in which they found that the language of 203(h)(3) of the Child Status Protection Act (CSPA) was ambiguous and that the interpretation of the statute in the Board of Immigrations Appeals decision entitled Matter of Wang was r ...

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Oral Argument Scheduled in Child Status Protection Act Class Action
Posted on: 06/21/2011
 

By Attorneys Robert L. Reeves and Anthony J. Favero 

 On July 19, 2009, the U.S. District Court for the Central District of California named Reeves & Associates (R&A) the class counsel for all children and families affected by the government’s restrictive interpretation of the Child Status Protection Act.  Since that time, our federal litigation team has devoted count ...

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Child Status Protection Act Relief
Posted on: 05/18/2010
 

By Attorneys Robert L. Reeves & Joseph I. Elias

Reeves & Associates Files Appeal with 9th Circuit Court – Effort to Uphold Child Status Rights Continues

It has now been almost eight years since Congress passed the Child Status Protection Act (CSPA) to provide much needed immigration relief for families.  One of the best-known provisions of CSPA provides a formula that amends how i ...

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REEVES & ASSOCIATES APPOINTED COUNSEL FOR NATIONWIDE CLASS ACTION LAWSUIT TO REUNITE FAMILIES
Posted on: 07/17/2009
 

Order Granting Motion to Certify Class (July 18, 2009)

Los Angeles –  Getting a green card should be a happy time.  For thousands of people, however, the joy of coming to America is diluted by the nightmare of separation from their children who have turned twenty-one and are no longer eligible to accompany their parents.  The children are referred to as having “aged-out&r ...

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CLASS ACTION LAWSUIT AGAINST USCIS ON BEHALF OF IMMIGRANTS
Posted on: 06/20/2008
 

Reeves Complaint in CSPA Lawsuit - Costelo v. Chertoff, Case No. SACV 08-688 (June 20, 2008)

Cuellar de Osorio v. Scharfer

Los Angeles – Reeves & Associates, A Professional Law Corporation filed a class action lawsuit today in the U.S. District Court, Central District CA, Case Number SACV08-688 JVX (SHx) on behalf of tens of thousands of immigrant families whose adult children have been ...

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