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Biden and Congress Need to Act to Keep Immigrant Families Together
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President-Elect Biden and Congress have the opportunity to act on an important, if much overlooked, immigration issue in 2021.

The passage of a simple amendment could prevent thousands of family members who follow
the law from being separated for years, decades or even a lifetime through no fault of their own.

Generally, when a person qualifies for a green card, the person’s spouse and unmarried,
minor children all immigrate together.

However, in some family and employment categories, the waiting time for green cards has become so long that by the time the principal applicant gets to the front of the line, his children have already turned 21 years of age and are no longer eligible to immigrate together with their family members despite having waited in line for a decade or longer.

*Related links*
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Biden Immigration Plan ( [link removed] )

Child Status Protection Act ( [link removed] )

Scialabba v. Cuellar de Osorio ( [link removed] )

Senators' Friend of the Court Brief - U.S. Supreme Court ( [link removed] )

AILA/CLINIC's Friend of the Court Brief - 9th Circuit ( [link removed] )

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The Child Status Protection Act
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Congress sought to address this problem in 2002 by passing the Child Status Protection Act (CSPA).

CSPA created a formula by which the length of time that a visa petition was pending could be subtracted from the child's age once the priority date (the place in line for a green card) becomes current.

In addition, CSPA's automatic conversion clause provides that if the age of the child is determined to be 21 years of age or older, “the alien’s petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon eceipt of the original petition."

Problem solved?  Unfortunately not

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Why Biden and Congress Need to Act Now
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The following example illustrates the continuing problem:

*Read more..*. ( [link removed] )

Immigration Attorney
Carl Shusterman ( [link removed] )

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*Disclaimer:* This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.
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