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Lately, a hearing en banc was made and finally decision during the class action Child Status Protection Act (CSPA) case issued by the U.S. Court of Appeals for the Ninth Circuit against the United States Citizenship and Immigration Service (USCIS).
In a landmark decision of De Osorio v. Mayorkas, Ninth Circuit apprehended that the Child Status Protection Act (CSPA) does grant for protection of priority dates, even if the child turns 21 years old while waiting results in a backlog for a visa to become available, taking into consideration the large number of applications. This process will shun away the arduous and a very long wait process of filing a new petition for a new priority date to become current.