Arobelidze v. Holder., No. 10-2986 (7th Cir. 2011)
Annotate this CasePetitioner, age 14, and her mother, a biomedical researcher, entered the U.S. from Georgia on temporary visas in 1998. While their applications for permanent residency were pending, the mother violated the terms of her temporary visa by continuing to work after the visa expired. Both applications for residence were denied in light of the oversight. After the mother obtained a new temporary visa and reapplied for permanent residence, DHS determined that petitioner, who had turned 21 was no longer a derivative beneficiary of her mother and no longer eligible to apply for residence. When removal proceedings began, petitioner claimed that the Child Status Protection Act, 116 Stat. 930, operated to freeze her age as of the date of her mother’s original visa classification petition. The immigration judge and the Board of Immigration Appeals rejected the claim. The Seventh Circuit reversed. The CSPA applies to petitioner because her mother’s classification petition was approved prior to its enactment, and neither of her adjustment applications were decided prior to the enactment. The court noted that it is unclear whether the CSPA will help petitioner attain permanent residency.
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