In the complex world of U.S. immigration law, even the slightest misinterpretation can have great consequences.
For our client from the Commonwealth of Dominica, a rejection from the United States Citizenship and Immigration Services (USCIS) seemed like a daunting setback. However, with legal expertise and a thorough understanding of the law, we not only challenged USCIS’s decision but also emerged victorious, thanks to the Child Status Protection Act (CSPA).
In November 2022, our client had a consultation with us regarding her daughter’s immigration status.
USCIS erroneously rejected her daughter’s adjustment of status application, arguing that the daughter was in a family preference category since she was 23 years old at the time of filing for adjustment of status. USCIS further argued that a visa was unavailable for our client’s daughter because they did not consider her to be an “immediate relative” of a U.S. Citizen.
Having filed an I-130 Petition for Alien Relative for her daughter before she turned 21, our client had reason to believe that her daughter was also eligible for adjustment of status as an immediate relative of a U.S. citizen. However, despite the approval of the I-130 petition, USCIS rejected the subsequent I-485 adjustment of status application.
Our lead attorney conducted an analysis under the Child Status Protection Act (CSPA). The CSPA, enacted to prevent children from aging out of immigration benefits due to bureaucratic delays, freezes the age of certain beneficiaries at the time the immigration petition is filed. Per our analysis, our client’s daughter fell within the scope of CSPA protection. Despite having crossed the age threshold of 21 by the time she filed the adjustment of status application, she remained eligible under CSPA because she was under 21 when her U.S. citizen mother filed the I-130 petition.
With this compelling legal argument, we resubmitted the daughter’s I-485 adjustment of status application, accompanied by a comprehensive cover letter explaining her eligibility under CSPA.
The refiled application was submitted in September 2023, and after just four months, our efforts paid off in January 2024 when USCIS approved her adjustment of status application!
This success shows the importance of understanding and leveraging the nuances of immigration law to advocate for our clients effectively. We remain committed to champion the rights of immigrants and their families, ensuring that we fight for them especially in times when the USCIS misinterprets the law and incorrectly handles their cases.
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P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.
