This week’s Immigration Lawyer’s Toolbox Podcast brings you the top 10 developments every immigration attorney needs to know. From policy updates to practice management tips, we break it all down so you can stay ahead of the curve.
📌 This Week’s Highlights:
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Not intended as individual legal guidance. Consult with an Attorney.
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Show notes:
(1) 9 FAM 502.1-1(D)(6) Impact of Marriage or Divorce on CSPA - While the CSPA may prevent the applicant's age from changing, the applicant must still meet the other criteria for "child" status --i.e., being unmarried. If the applicant marries, the applicant will lose "child" status (even though the applicant's age, for immigration purposes, may be under 21 because of the CSPA). A divorce that occurs after the child’s 21st birthday and after the visa becomes available will not restore “child” status because the applicant was married when a visa was available. However, if the applicant divorces before the visa becomes available to the applicant as either the principal applicant or the derivative applicant, then the divorce may restore the applicant to “child” status if the applicant’s CSPA age is under 21.
(2) FAM 502.2-3(C) (U) Derivative Status for Spouse and Children (Family Preference Classification) (3) (U) Under such circumstances, however, the petitioner could elect to file a separate petition for any of their children who have children of their own. With a separately approved petition, the petitioner's child would be the principal beneficiary of the petition and, accordingly, the child's children would qualify for derivative immigration status through the principal beneficiary parent.
(3) RE $10,000 Bond and Mandatory Detention. Daniel Kowalski (LinkedIn)
(4) Lawsuit of revoked F-1 (Greg Siskind LinkedIn)
(5) AILA Call for Examples: DOS Waiver Review Division Not Issuing J-1 Waiver Recommendations
(6) NY Law Schools See New Interest in Immigration Classes, Clinics
(7)Australian Police Certificate update - DOS does this without notification. (Sherwin Noorian LinkedIn)
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