Certain green card applicants won't 'age out,' have to wait longer

[catx]

I saw this headline on CNN this morning, and then read the associated news story. From the news story "certain" seems to refer to family based immigration 'kids' who aged out at 21 while a parent was awaiting their priority date to become current. Based on the court ruling these 'kids' are able to use their parent's priority date for their own permanent residency (green card) process. However, the from previous reading about the court challenge it also included employment based immigration. I have not seen any postings on the immigration news sites for further details (especially regarding employment based immigration).

[JoeF]

It would make sense and be a welcome fix. An I-485 is an I-485 is an I-485, regardless if the underlying immigrant petition is family-based or employment-based.

From the article in question (a Google search brings up a lot of articles about this in "normal" newspapers):

The U.S. Citizenship and Immigration Services has contended in court that this legislation was unclear about to whom this language applies -- contending, for instance, that it is relevant for some groups but not those unmarried children who had been in line for derivative visas.

Furthermore, the agency argued that changing the equation will unfairly affect those already waiting for a limited number of visas, by effectively skipping ahead of them (and making them wait longer).

The judges' majority opinion, however, states that Congress' intent in passing the Child Status Protection Act was "to extend automatic conversion and priority date retention to all family-sponsored derivative beneficiaries." Furthermore, they find complaints that changes will produce unnecessary and unreasonable problems for the Citizenship and Immigration Services are not valid.

A prominent immigration lawyer in LA was representing the plaintiffs.

[JoeF]

Good find, btw. Thanks for sharing.

[catx]

I read **** ********** blog and the ruling only applies to family based immigration. From what I have read previously, this court decision, if it stands, means that kids under 21 in line for derivative permanent residency (green card) who 'age out' before their parent can file an I-485 (e.g. while they are waiting for the priority date to become current with an approved I-130) can retain their parent's priority date with their own permanent residency process.

I have also read previously that there is a similar challenge for employment based immigration.

Finally, it should be noted, as **** ********** states, that this is not a done deal with the USCIS as the government could appeal the ruling to the Supreme Court. However, it is a step in the right direction for kids who 'age out' and their families while waiting for a priority date to become current.