In re Vazquez

1 Analyses of this admin-law by attorneys

  1. Immigration Corner: "Extraordinary Circumstances" Under the Child Status Protection Act, E-Verify Listens to You, and It's Time to Apply for Your H-1B Visa

    Baker, Donelson, Bearman, Caldwell & Berkowitz, PCMelanie WalkerJuly 17, 2014

    (Once a child reaches the age of 21, he or she may no longer obtain permanent residence as the derivative dependent of a parent, but CSPA affords continued eligibility for certain benefits even after the beneficiary has aged-out.) In the recent decision Matter of O. Vasquez, 25 I & N Dec. 817 (BIA 2012), the Board of Immigration Appeals (BIA) ruled that certain "extraordinary circumstances” that prevented the filing of an application may excuse compliance with the one-year deadline on the "sought to acquire” requirement, including some technical or procedural failure to meet the requirements of an application, deficient performance of counsel or other circumstances beyond the applicant's control. The Interim Policy Memorandum elaborates on the Vasquez decision to outline the appropriate exercise of discretion officers should use in considering a delayed application for satisfying the "sought to acquire” requirement.