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Supreme Court Ruled Against Family in Child Age Out Case is a major disappointment for all F2B files, because Congress probably did not intend such a narrow interpretation of the law. You are encouraged to use the letter below to contact your Congressman for possible revision of the law.

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Date:
Dear Congressman___________,

In Lori Scialabba, Acting Director, United States Citizenship and Immigration Services, et al., Petitioners, v. Rosalina Cuellar de Osorio, et al. (Docket 12-930), the Supreme Court recently made a decision which is in opposition to any definition of family unity.

The Court has issued a 5 to 4 decision in the matter of CSPA-F2B cases. DHS and the Obama Administration were able to convince the Court that a child who turns 21 while waiting for a parent’s green card petition will have to have a green card petition re-filed by their parents after the parents eventually get green cards. They will not retain their earlier priority dates in these cases.

The Supreme Court decision is a major disappointment because Congress probably did not intend such a narrow interpretation of the law. The government argued that because when a child aged out, there was no “appropriate category” for them to switch to. CIS said that immigration law did not provide a remedy because the law only applied in cases where “automatic” conversion is possible. In other words, a child who ages out can only be an F2B without any connection to the parents' priority date.

I urge you to act to reconsider the interpretation of this law. This is the only way that the young visa applicants can be humanely and swiftly reunited with their parents in the US.

Sincerely,

______________________
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