On December 10, the US Supreme Court will hear oral arguments in the case of Mayorkas v . Cuellar de Osorio. A decision is expected in early 2014. If the plaintiffs are successful, children left behind in Vietnam will have a fast reunion with their parents in the US.
Until now, children over 20 years of age who did not qualify for CSPA processing had to remain in Vietnam until their parents arrived in the US a filed a new F2B petition for them, with a new filing date. That means the children would have to wait another five years or more to be reunited with their family in America.
However, the Ninth and Fifth Circuit Courts in the US have said that the new F2B petitions could automatically convert to the priority date of the parents’ petitions. In most cases, that would mean the new F2B would be current as soon as the petition was filed and there would be no waiting time for the over-20 children in Vietnam.
CIS refuses to accept the 5th and 9th Circuit Court rulings and that is why the matter has been brought to the Supreme Court. If CIS loses the case, then CSPA-F2B petitions in all states will receive the priority date of the parents’ petitions.
Many people wonder why this matter needed to be brought to the Supreme Court at a time when Mr. Obama claims to be in favor of immigration reform. Just a word from him would have been enough to settle the matter in favor of the children waiting abroad.
In Washington on 25 January, it is clear that the left hand did not know what the right hand was doing. In the morning, the White House announced that President Barack Obama would begin efforts to reform the nation's immigration system and create legal status for millions of illegal aliens. In the afternoon, the Department of Justice, which is also part of Mr. Obama’s administration, requested the US Supreme Court to review the 9th Circuit Court ruling in favor of CSPA cases. It is very difficult to understand how the Department of Justice could act in a way that conflicts with the President’s intention to improve the immigration system.
On November 4th, the Supreme Court received some additional written arguments in favor of the CSPA-F2B matter. These arguments were submitted by the Catholic Legal Immigration Network, the Immigration Advocacy Organizations, and Current and Former Members of Congress.
The brief submitted by the members of Congress clearly shows that CIS should extend CSPA benefits to all derivative beneficiary children who were left behind in Vietnam.
In addition, both the Senate and House versions of the CIR provide for swift processing of F2B petitions under the CSPA.
Q.1. Should parents file the F2B petition now or wait until we see what the Supreme Court decides?
A.1. It is recommended that the parents submit the F2B as soon as possible so that the petitions will be on file with CIS and can be ungraded later. Assuming that the F2B matter will be settled successfully by the Supreme Court, petitioners should contact the CIS office that has the petition on file to request immediate processing of the petition.
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Q.2. How can I know for sure if an over-20 child is eligible for CSPA?
A.2. If you are one of our clients, you can contact any of our offices in California or Saigon. We will do the CSPA calculation for you, and contact the Consulate if necessary. If you are not one of our clients, we will still be glad to do the CSPA calculation for you, at no charge.
____________________________________________________________________________________
Q.3. What should I do if an over-20 child appears to be eligible for CSPA but is not included on the interview list for the family?
A.3. You should immediately contact the US Consulate in Saigon, or, if you are one of our clients, contact any RMI office.
ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru
9070 Bolsa Avenue, Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
Cty Rang Mi: 47 Phung Khac Khoan, Q1, HCM (848) 3914-7638
Until now, children over 20 years of age who did not qualify for CSPA processing had to remain in Vietnam until their parents arrived in the US a filed a new F2B petition for them, with a new filing date. That means the children would have to wait another five years or more to be reunited with their family in America.
However, the Ninth and Fifth Circuit Courts in the US have said that the new F2B petitions could automatically convert to the priority date of the parents’ petitions. In most cases, that would mean the new F2B would be current as soon as the petition was filed and there would be no waiting time for the over-20 children in Vietnam.
CIS refuses to accept the 5th and 9th Circuit Court rulings and that is why the matter has been brought to the Supreme Court. If CIS loses the case, then CSPA-F2B petitions in all states will receive the priority date of the parents’ petitions.
Many people wonder why this matter needed to be brought to the Supreme Court at a time when Mr. Obama claims to be in favor of immigration reform. Just a word from him would have been enough to settle the matter in favor of the children waiting abroad.
In Washington on 25 January, it is clear that the left hand did not know what the right hand was doing. In the morning, the White House announced that President Barack Obama would begin efforts to reform the nation's immigration system and create legal status for millions of illegal aliens. In the afternoon, the Department of Justice, which is also part of Mr. Obama’s administration, requested the US Supreme Court to review the 9th Circuit Court ruling in favor of CSPA cases. It is very difficult to understand how the Department of Justice could act in a way that conflicts with the President’s intention to improve the immigration system.
On November 4th, the Supreme Court received some additional written arguments in favor of the CSPA-F2B matter. These arguments were submitted by the Catholic Legal Immigration Network, the Immigration Advocacy Organizations, and Current and Former Members of Congress.
The brief submitted by the members of Congress clearly shows that CIS should extend CSPA benefits to all derivative beneficiary children who were left behind in Vietnam.
In addition, both the Senate and House versions of the CIR provide for swift processing of F2B petitions under the CSPA.
Q.1. Should parents file the F2B petition now or wait until we see what the Supreme Court decides?
A.1. It is recommended that the parents submit the F2B as soon as possible so that the petitions will be on file with CIS and can be ungraded later. Assuming that the F2B matter will be settled successfully by the Supreme Court, petitioners should contact the CIS office that has the petition on file to request immediate processing of the petition.
----------------------------------------------------------------------------------------------------------------------------------------------------------
Q.2. How can I know for sure if an over-20 child is eligible for CSPA?
A.2. If you are one of our clients, you can contact any of our offices in California or Saigon. We will do the CSPA calculation for you, and contact the Consulate if necessary. If you are not one of our clients, we will still be glad to do the CSPA calculation for you, at no charge.
____________________________________________________________________________________
Q.3. What should I do if an over-20 child appears to be eligible for CSPA but is not included on the interview list for the family?
A.3. You should immediately contact the US Consulate in Saigon, or, if you are one of our clients, contact any RMI office.
ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru
9070 Bolsa Avenue, Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
Cty Rang Mi: 47 Phung Khac Khoan, Q1, HCM (848) 3914-7638
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