Law Offices of Carl Shusterman - US Immigration Law Offices of Carl Shusterman - US Immigration

CHILD STATUS
PROTECTION ACT
  



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This page is divided into the following subtopics:


SUCCESS STORIES


* Reuniting a Family Using the CSPA (July 2008)


CHAT TRANSCRIPT


* A Q&A on the Child Status Protection Act


CSPA LAW & FAQ & ADVICE

* Child Status Protection Act (H.R.1209) - Signed into law on August 6, 2002
* House Report (107-045) on the Child Status Protection Act of 2001
* Child Status Protection Act FAQ
* New Guidance on Child Status Protection Act (June 2008)
* How "Age-Outs" Can Benefit under CSPA (April 2007)
* How CSPA Works with Respect to "Age-Outs" (January 2007)


PENDING CSPA LAWSUITS


* Costelo v. Chertoff, Case No. SACV 08-688 (June 20, 2008)
- Challenges Government's Failure to Implement "Automatic Conversion" Rule
* Defendants' Opposition to Plaintiffs' Motion for Class Certification (July 28, 2008)
* Motion For Leave to File Brief As Amici Curiae in Support of Plaintiffs (July 1, 2009)
* Order Granting Motion for Leave to File Brief of Amicus Curiae
* Amicus Curiae Brief submitted by AILA and AILF (July 1, 2009)
* Brief Regarding Matter of Wang (July 1, 2009)
* Defendants' Supplemental Opposition to Second Class Certification (July 1, 2009)

* Cuellar de Osorio v. Scharfen, Case No. EDCV 08-0840 (June 23, 2008)
- Challenges Government's Failure to Implement "Automatic Conversion" Rule
* Government's Motion to Dismiss-Part 1 (September 22, 2008)
* Government's Motion to Dismiss-Part 2 (September 22, 2008)
* Government's Proposed Order to Dismiss (September 22, 2008)
* Government's Exhibit A (September 22, 2008)
* Government's Exhibit B (September 22, 2008)
* Government's Exhibit C (September 22, 2008)
* Government's Exhibit D (September 22, 2008)
* Government's Exhibit E (September 22, 2008)
* Plaintiff's Opposition to Defendent's Motion to Dismiss or Alternative Motion to Hold in Abeyance (November 24, 2008)
* Judge's Order Denying the Government’s Motion to Dismiss and Granting a Stay of Proceedings (December 2, 2008)


CSPA CASES CERTIFIED TO THE BIA

MATTER OF WANG


* BIA Decision in Matter of Wang (June 16, 2009)

* Matter of Wang - Notice of Certification and Memorandum for Certification to BIA (March 2008)
* Matter of Wang - Wang's Brief to the BIA (April 2008)
* Matter of Wang - Government's Supplemental Brief (August 2008)
* Matter of Wang - Wang's Supplemental Brief (October 2008)

MATTER OF PATEL


* Matter of Patel - Notice of Certification to BIA, Notice of Action, Decision of USCIS' California Service Center on I-130,
Memorandum for Certification (June 2008)
* Matter of Patel - Patel's Brief to the BIA (June 2008)
* Matter of Patel - Government's Supplemental Brief (August 2008)
* Matter of Patel - Patel's Supplemental Brief (October 2008)
* Matter of Patel - Amicus Curiae Brief (January 2009)


USCIS/INS GUIDANCE


* USCIS Guidance on the Applicability of the Child Status Protection Act (6-15-09)
* USCIS Fact Sheet: Revised Guidance on the Applicability Of CSPA (5-06-08)
* USCIS - Revised Guidance for the Child Status Protection Act (4-30-08)
* USCIS: Clarification of Aging Out Provisions as They Affect Preference Relatives and Immediate Family Members
Under The Child Status Protection Act Section 6 And Form I-539 Adjudications for V Status (6-14-06)
* USCIS Memo Interpreting Section 6 of the CSPA (3-23-04) - Amended by June 14, 2006 Memo
* USCIS Memo: CSPA - Children of Asylees and Refugees (8-17-04)
* INS Memo Re: Child Status Protection Act (2-14-03) - Replaced by USCIS Guidance of 4-30-08
* INS Memo Re: Child Status Protection Act (9-20-02)
* INS Memo Re: CSPA and Asylum (8-07-02)


STATE DEPARTMENT GUIDANCE

* State Department Cable Re: Child Status Protection Act (5-29-03) - ALDAC #3
PROCEDURAL INSTRUCTIONS ON ISSUING IMMIGRANT VISAS TO ALIENS QUALIFYING
FOR AGE-OUT RELIEF UNDER THE CSPA OR SECTION 424 OF THE PATRIOT ACT
* State Department Cable Re: Child Status Protection Act (5-17-03) - ALDAC #4
WHAT CONSTITUTES A "FINAL DETERMINATION" ON AN APPLICATION ADJUDICATED
PRIOR TO THE EFFECTIVE DATE OF CSPA?
* State Department Cable Re: Child Status Protection Act (1-17-03) - ALDAC #2
* State Department Cable Re: Child Status Protection Act (September 2002) - Replaced by USCIS Guidance of 4-30-08
* State Department Cable Re: Child Status Protection Act (8-26-02) - ALDAC #1
* State Department Cable: Revised Interpretation of Age-Out Provision of PATRIOT Act (6-26-02)


FEDERAL COURT DECISIONS

* Baruelo v. Comfort No. 05-6659 (ND ILL - 12-29-06) (Unpublished District Court Opinion)
* Rodriguez v. Gonzales No. CV 04-8671 (CD CA - 5-31-06) (Unpublished District Court Opinion)
* Gomes v. USCIS No. CV 05-3767 (CD CA - 3-22-06) (Unpublished District Court Opinion)
* Padash v. INS - U.S. Court of Appeals, 9th Circuit Rules On Meaning Of "Final Determination" under CSPA (2-19-04)
* Dandan v. Ashcroft - U.S. Court of Appeals, 7th Circuit Rules on Derivative Asylum Benefits under CSPA (8-11-03)


ADMINISTRATIVE DECISIONS


* Matter of Wang, 25 I&N Dec. 28 (BIA 2009) - Precedent Decision Regarding CSPA's "Automatic Conversion" Clause (6-16-09)
* BIA Decision Would Separate Families
* Matter of Avila-Perez, 24 I&N Dec. 78 (BIA 2007) - Precedent Decision Addresses Effective Date of CSPA (2-09-07)
* Matter of Garcia - Non-Precedent BIA Decision re: Status of Children Who Aged-Out under CSPA (6-16-06)
* Matter of Ki Na Kim - Non-Precedent BIA Decision Interpreting "Final Determination" (6-07-06)
* Matter of Ji Young Kim - Non-Precedent BIA Decision Interpreting "Sought to Acquire" (12-20-04)


PRACTICE ADVISORIES REGARDING CSPA (AILF)

* 2006 Update on the Child Status Protection Act: New Administrative Interpretation (9-26-06)
* Aging Out: Recent Developments Related to the CSPA and Other Provisions (2-24-05)
* Updated Practice Advisory on the Child Status Protection Act (3-08-04)

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