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Family-based Immigration

The Supreme Court has now weighed in and answered one of the last remaining questions regarding the Child Status Protection Act (CSPA): do derivative children who age out before the principal beneficiary immigrates retain the original priority date when their parent becomes an LPR and files a new petition on their behalf in the F-2B category?  The answer has been no, based on a Board of Immigration Appeals decision, Matter of Wang, 25 I&N Dec.

How can a family member still immigrate after the petitioner has died? How can a derivative immigrate after the principal beneficiary has died? How can a widow self-petition after the death of her U.S. citizen spouse? Are these family members eligible for waivers if they have accrued unlawful presence and have to consular process?  Join CLINIC attorneys Susan Schreiber and Charles Wheeler to learn about the immigration law protections, procedures, and forms for surviving relatives.  We will cover in detail INA Sec. 204(l) provisions, humanitarian reinstatement, and widow self-petitions.

BIA Clarifies When Derivatives May Adjust under 245(i)

By Charles Wheeler

In a recent decision the Board of Immigration Appeals held that after-acquired derivatives are not eligible to be considered “grandfathered” for purposes of eligibility for section 245(i) adjustment of status. Matter of Estrada, 26 I&N Dec. 180 (BIA 2013).  This decision clarifies but is consistent with prior USCIS memos interpreting this provision.

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