Immigration Newsletter – October 2011
I am still taken back and trying to come to grasp with the recent Fifth Circuit’s decision, Khalid v. Holder, Cause No. 10-60373 (Decided on September 8, 2011). It is ironic that the most conservative appellate court in the U.S. has ruled in favor of the applicant, while the 9th Circuit and 2nd Circuit Courts of Appeal have ruled the opposite. Normally, favorable immigration decisions are expected to be within the 9th and 2nd Circuit Courts of Appeal. For the past few weeks, I have reviewed most, and if not, all of the clients’ files that may benefit from this decision. For our clients that are eligible, I have called or personally consulted with you about the positive outcome of this decision and have advised on the necessary steps that we need to undertake. If for some reason that you feel that you are within the benefit of Khalid and that I have not contacted you, please do not hesitate to give me a call or send me an email. I am here to assist you in any possible way. Here are a few thoughts that I want to share with you after going through the process of reviewing all the files for Khalid.
The Child Status Protection Act (CSPA) looks simple but the interpretation of this Act is more complex than initially thought. For this reason, I think this is why the Department of Homeland has not come out with the regulations for this Act even though the Act was passed 9 years ago. For an attorney, I have to rely on the recent memorandums from USCIS and court decisions, whether from the Board of Immigration Appeals (BIA) or federal court, for guidance. I can assure you that due to the complexity of CSPA, there will be many more decisions coming from the Courts regarding CSPA. For example, just days ago, the BIA just issued a precedent decision in Matter of Zamora-Molina, 25 I. & N. Dec. 606 (Oct. 6, 2011). See below for additional information.
There is no frame that will “fit all” when it comes to the application of CSPA. There are countless occasions in which I personally saw the inappropriate comparison of CSPA to other family’s child, or the miscalculation, or total misunderstanding of CSPA. The consequence is tremendous for the child that remains behind. For example, on at least 5 occasions, I have seen the U.S. Consulate in Saigon miscalculate or did not adequately consider the additional 45 days under the Patriot Act in the calculation of CSPA for the child’s age. There are occasions in which I’ve seen prospective clients in which their preparer did not “lock” or “freeze” the child’s CSPA age. Therefore, what could have been a simple process has prejudiced the eligibility and future of the child.
I want to remind our clients that when you change your address please inform the office. The office will update your address with the appropriate agency. I understand that as a newly arrived immigrant, your life may not be permanently settled. Sometimes, it is difficult for the office to contact you when it is necessary. In addition, you are required by law to notify your change of address to the Department of Homeland Security. Below is the chart that should help you when you have a change of address.
