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 §203(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.
Category: Immigration To The USA, USCIS
Tag: Aged Out Dependents