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Is there any Supreme Court decision pending for CSPA old priority date retention?

Washington, DC |

I wanted to know if there is any decision pending at Supreme Court for CSPA act old priority date retention?
So basically if there is a decision pending something like this then, can one retain the old priority date of I-130 when she/he was a derivative beneficiary of F4 category and now in F2(b) as a principal beneficiary with a newer date.

Thanks

Attorney Answers 2


  1. The Supreme Court heard oral arguments on December 10, 2013 on a case that raised the question of how the Child Status Protection Act (CSPA) applied to aged-out derivative children of family preference visa petitions. The case is Mayorkas v. Cuellar de Osorio. The Supreme Court should issue its decision sometime this summer. You can find the transcript of the oral argument at http://www.supremecourt.gov/oral_arguments/argument_transcripts/12-930_758b.pdf.

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