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Voluntary Departure is revoked if you file a Motion to Reopen on the Voluntary Departure Period

CSPA Status

On the CSPA, if the age has locked in, then actual petition can be filed after age-out

When is the CSPA Applies?

CSPA applies when an I-130 is filed for : 1) Child of an LPR under 18 years old; 2) Parent is a USC (by birth or naturalization); 3) Parent has legal and physical custody and 4) child is residing in the U.S.; 5) the child is under 18 when the parent naturalizes. You can see specifics at section 320(a)

In order for a father to show legitimation, the child must be in the legal custody of the father.

A K-2 Beneficiary of a K-1 can adjust EVEN if that K-2 beneficiary is over 18 years of age at the time the parent marries.

Step-Parent filing a Step-Child Petition

A Step-Child need not prove any bona-fides at all with the Step-Parent when filing a petition.

TPS Child can apply based upon the parents initial registration

A  Temporary Protected Status (TPS) Child can apply for TPS based upon the parents initial registration

There is a very unusual way for someone to become a Lawful Permanent Resident. Here is the scenerio: 1) A child is born to a Lawful Permanent resident outside of the U.S. ; 2) This child is brought to the U.S. BEFORE the age of 2; and 3) The child is brought into the U.S. by the Lawful Permanent Resident parent on that parent’s FIRST entry to the U.S. When this happens CBP and the point of entry will declare the child to be a Lawful Permanent Resident

Update on Human Rights Ineligibilities

DOS issued a cable also that includes instructions for entering the names of suspected human rights violators and abusers into the Consular Lookout and Support System (CLASS).

US Chamber of Commerce issued a letter urging the Senate to oppose the “Employ America Act”

The US Chamber of Commerce issued a letter urging member of the Senate to oppose the “Employ America Act” (S. 2804) either as stand-alone legislation or as an amendment to other legislation.