United States Ninth Circuit

The Child Status Protection Act of 2002, which prevents individuals from "aging out" of a visa category as a result of delays in visa processing and adjudication, applies to this applicant, and he is statutorily eligible for permanent residence. Under the newly amended version of the Act, an individual eligible for permanent residence as a derivative beneficiary under 8 U.S.C. section 1153(d), who is over twenty-one years of age may have his status adjusted provided that: (1) he was a "child" on the date upon which the immigrant visa became available for his parents, (2) he applied for adjustment of status within one year of availability, and (3) he "aged out" while waiting for his application to be adjudicated.

Appellate Information

• Argued 07/16/2003
• Decided 02/19/2004
• Published 02/19/2004

Judges

• REINHARDT, Circuit Judge:, Before:  REINHARDT, SILER, and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Frank P. Sprouls, Law Office of Ricci & Sprouls, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Nancy FriedmanOffice of Immigration Litigation Civil Division, Department of Justice, Washington, DC, for the respondent.