Mayorkas v. Cuellar de Osorio

The Supreme Court of the United States recently heard arguments on an immigration case that will have lasting impacts for many immigrants looking to petition to the U.S. The facts of the case are rather simple — a derivative beneficiary (and son of an LPR) aged out during the pendency of his petition and did not retain his priority date, despite the Child Status Protection Act (CSPA). The government contends that USCIS’ decision should be given deference and that the consequences of giving aged-out children their earlier priority date (and thereby automatic conversion of their visa) would impact the line of immigrants waiting for visas. The respondents contend that USCIS and subsequent court rulings are contrary to the intent of the CSPA and the spirit of immigration laws to keep families together. For more on this story, visit the SCOTUSblog here. Also, check back at our “News” section for updates and analysis on this case.

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