SHARE YOUR FAMILY IMMIGRATION STORY
Are you the parent of a child who “aged out” of the immigration system?
Do you know a family experiencing this hardship?
U.S. Supreme Court case could extend age-out protections to all family visa categories, diminishing burdens on families.
Because of long family visa backlogs, minor children (less than 21 years of age) often “age out,” or turn 21, before receiving their immigration visa. Children who age out of a visa application have to start the application process all over again as an adult. The Child Status Protect Act (CSPA) includes age-out protections that allow minor child beneficiaries who age out to maintain the priority date for receiving their visa. The Bureau of Immigration Appeals has interpreted CSPA protections for family visa preference categories to only apply to the minor children of legal permanent residents sponsored under the F2A category.
This year the U.S. Supreme Court will hear Mayorkas v. Cuellar de Osorio. This case will decide if the age-out protections of the CSPA will be extended to cover child derivative beneficiaries in all family visa categories, including the minor children of individuals sponsored as married adult children or siblings of U.S. citizens. If the court decides the age-out protections do apply, thousands of families will not have to face separation.
Share your story
Advancing Justice|AAJC is co-filing a “friend of the court” brief in November to illustrate the hardships families suffer when minor derivative children age out and are unable to immigrate with their family.
We need stories from petitioners or derivative children sponsored in the following visa categories who have aged out or who are at risk of aging out:
· Married son or daughter of a U.S. citizen (category F3)
· Brother or sister of a U.S. citizen (category F4)
We need stories that speak to the hardships experienced when minor children age out and families are separated. Examples of hardships include:
· Experiencing psychological or emotional hardship
· Missing important family milestones (e.g., birth, wedding or death of loved one)
· Foregoing professional or educational opportunities due to lack of family support
· Needing to care for a sick or elderly family member without family support
· Choosing undocumented status to avoid family separation
We need stories from real people in order to demonstrate the need to protect children from aging out. Be a part of the solution and share your story today!
Sharing your story is easy and can be done anonymously. To get started, please contact senior staff attorney Erin Oshiro at eoshiro@advancingjustice-aajc.
Asian Americans Advancing Justice (www.advancingjustice.