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June 9, 2014
SCIALABBA v. DE OSORIO
Posted by NYC Norka M. Schell, NYC Immigration Lawyer
Law Offices of Norka M. Schell, LLc
Tel. (212) 564-1589
Today, June 09, 2014, the U.S. Supreme Court uphold BIA's narrow interpretation of the Child Status Protection Act (CSPA) provisions.
The Court reversed and remanded the Nineth Circuit's decision in De Osorio v. Mayorkas, holding that the Child Status Protection Act under the INA section 203 (h)(3) is ambiguous and that a court must defer to BIA's narrow interpretation in Matter of Wang.
The Court found that in order to "automatically converted" to a new visa category, aged-out children must continue to have a qualifying preference relationship with the initial petition.
See http://www.supremecourt.gov/opinions/13pdf/12-930_3d46.pdf
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