CSPA Victory Regarding Priority Date Retention

A recent decision out of the Executive Office for Immigration Review (EOIR), (the Immigration Court), in New York holds that the Child Status Protection Act (CSPA) allows for retention of a priority date from a labor certification for a child who has aged out. The case was distinguished from Matter of Wang because it involved agency delay. More information regarding the decision can be found here.


2 thoughts on “CSPA Victory Regarding Priority Date Retention

  1. Congrats on the victory. I enjoyed reading it as I have an identical case. The daughter is not in proceedings but instead had her I-485 denied. I’m looking to have the father file for her under the 2b family category and retain the eb3 priority date from when the labor cert was filed for her dad when she was 19. It looks like 203h3 provision only applies to 2a family categories, how did you get around that?

    Can I please have a scanned copy of the decision to my e-mail? Thanks. Marc

    1. Hi Marc:

      This was not my case. If you click on the first link in the post, it will take you directly to the decision. The names of the attorneys are there. Also, in the second link, there is contact info for a woman who may be able to provide you with additional information regarding the decision and how to contact the attorneys. Good luck.

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