USCIS Issues Policy Memorandum on CSPA

At one time, a child who turned twenty-one years of age was no longer eligible to receive a green card as part of a parent's case. The CSPA was intended to help provide relief for this unfair outcome. Most people know about the CSPA but some people don’t know that there is a time limit to apply for it. After the family’s petition becomes current, the CSPA applicant has only one year to complete the immigrant visa application (DS-260). After that one year expires, the child is no longer eligible for CSPA.

However, US CIS recently issued a policy memorandum on the CSPA. They say that for those who do not submit the DS-260 during the one year period, there may still be a chance for CSPA if an applicant can demonstrate that "extraordinary circumstances" prevented him from applying before the one-year deadline. USCIS explains that extraordinary circumstances may exist if the circumstances were beyond the control of the applicant, or if the delay was reasonable under the circumstances.

Some examples of Extraordinary Circumstances are:

• Serious illness or mental or physical disability during the one-year period
• Legal disability, such as mental impairment, during the one-year period
• Ineffective assistance of counsel (i.e. bad legal advice, or defective legal services)

The USCIS says that this new policy is not retroactive. Cases denied before June 8, 2012 are not eligible for reconsideration based on extraordinary circumstances.

For denials issued after June 8, 2012, a motion to reopen may be filed. These motions will be considered on a case-by-case basis on the strength of the evidence provided.

New Report Shines Light on the Changing Nature of Illegal Immigration

The nature of Illegal immigration to the United States is changing. Economic and social conditions are changing in both the United States and the countries from which it has traditionally received immigrants. And these changes are reflected in patterns of Illegal immigration.

Mexicans comprise 56% of the illegal immigrants, but they represent only one third of the foreign-born population in the US.

The number of illegal immigrants from Central America, Asia, and Africa has grown significantly. Since 1990, there has been a significant increase in the number of illegal aliens from India, Korea and China, as well as from Ethiopia and Ghana. Many of these illegal aliens entered the US as tourists or students and never returned to their home countries.

The new report also notes that 1.2 million illegal immigrants are eligible for DACA. Mexicans represent 61% of eligible DACA applicants followed by Asians (13%) and Central Americans (10%). However, while most of the potential Mexican and Central American DACA children have applied, less than 30 percent of the Koreans, Indians, Filipinos, Nicaraguans, and Pakistanis have applied.

These statistics serve as a reminder of how much immigration responds to changing economic and social conditions around the world and in the United States.

Questions/Answers:

Q.1. These days, fewer Mexicans are attempting to enter the States illegally. Why is that?
A.1. Now there is a weak U.S. labor market which no longer draws Mexican immigrants the way it once did. Also, more jobs have been created in Mexico in recent years. And, there is a long-term drop in Mexican birthrates, and aggressive U.S. immigration enforcement.

Q.2. Why has Illegal immigration from Central American and African nations been increasing?
A.2. This is due to increased violence in some Central American and African countries, a worldwide decline in the cost of transportation, and rising income levels worldwide. In other words, more people can afford to come to the US on non-immigrant visas and then they remain without authorization.

Q.3. Why have less than 30 percent of eligible Asian children applied for DACA?
A.3. Much of the media information and community efforts about DACA are in Spanish both Mexicans and Salvadorans benefit from active networks that help them enroll in DACA
However, in the Asian communities of the Koreans, Indians, Filipinos and Pakistanis, there is much less knowledge about DACA, so fewer of the eligible children have applied. Also, some of the Asians are reluctant to admit their illegal status for fear that others in their community will look down on them.

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