Home  Immigration Immigration In Focus
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Sunday, 08 June 2008 |
New USCIS Interpretation of Child Status Protection Act Will Benefit Many!
The USCIS recently announced crucial changes in its interpretation of the Child Status Protection Act (CSPA) that will positively affect the ability of many immigrants to apply for and receive permanent residency. In the past, anyone who began the process of applying for permanent residency while still a child—under 21 years of age—but during that process turned 21, aged out.
This means that they either lost their “preference category,” or they were no longer eligible for permanent residency as a “derivative beneficiary” of a parent’s application. Recently, the USCIS changed the way it interprets the law that deals with aging out. Now, once a petition for a relative is filed the age of the child is locked in. It does not matter if he or she reaches the age of 21 before permanent residency is obtained.
But this is not all: USCIS has also directed that anyone who ever began the process of seeking permanent residency, but then aged out during the process, can still submit a Form I-485 application for permanent residency, as long as the applicant did not receive a final decision on a previous application for permanent residency prior to August 6, 2002! This is a major change from the previous USCIS application of the law – which will result in thousands, if not millions of residency approvals for those who had previously “aged out”.
The law is complicated, and the facts of one’s specific case will determine if this new interpretation will be of benefit. Consultation with a qualified immigration attorney is critical to be sure you meet the qualifications. But for many people this new interpretation of the law will open the doors to permanent residency that had previously been shut.
Misprinted I-94 Cards Cause Social Security Issuance Delays
The immigration Customs and Border Protection (CBP) mistakenly issued incorrect I-94 cards in early 2008, which have resulted in problems and delays for applicants in being issued Social Security numbers. These I-94 Arrival-Departure cards which were missing one number, were issued to arriving foreign nationals at various Ports of Entry. Correct I-94 cards should have eleven digits. The incorrect I-94 cards only had ten digits. Due to this, the Social Security Administration (SSA) refused to issue Social Security numbers (SSNs) to applicants who were otherwise eligible. The CBP has indicated that the misprinted I-94 cards have been recalled and replaced. If you received one of these defective I-94 cards, you may request a new card from CBP at: http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection.
USCIS Policy Regarding Naturalization Applicants With Expiring Green Cards
The USCIS has confirmed that applicants who apply for Naturalization at least six months before their Green Cards expire, will not be required to file an I-90 renewal. The USCIS will stamp the applicants’ passport with the “I-551” residency designation while the N-400 application for naturalization is pending. This will save the extra cost of having to file the Green Card renewal before filing the N-400. However, applicants whose Green Cards have expired and those with Green Cards that do not have expiration dates are required to file for Green Card renewals immediately, even if not applying for Naturalization.
IMMIGRATION Q&A
Question: I am embarrassed to say that three years ago I was arrested for shoplifting. I pled guilty. I’m now married to a U.S. Citizen and want to apply for permanent residency. Is my shoplifting conviction going to make it impossible for me to gain permanent residency? I’m so worried about that, I don’t know what to do.
Answer: The simple answer is likely “No”. A criminal conviction only makes one ineligible for permanent residency if the crime is considered either an aggravated felony, or a crime involving moral turpitude (CIMT). Shoplifting is considered a CIMT, but the law provides what’s known as a “petty offense exception.” This means that if the maximum penalty possible for the crime does not exceed one year, and if the actual sentence for the conviction of the crime was not more than six months, the commission of the crime will not bar an applicant from permanent residency. One conviction for shoplifting most likely falls under this petty offense exception and would therefore not prevent you from gaining your permanent residency. However, for all criminal issues, not matter how small, you should consult with a qualified immigration attorney before filing any immigration case.
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