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The Indian Eye
IMMIGRATION AUGUST 22, 2025 37

icy reversal can potentially be chal- 15, 2025 cutoff date, the reversal use the DFF to protect the age of the Board of Immigration Appeals
lenged under the Administrative would still impact reliance interests the child until August 15, 2025, ap- (BIA) in Matter of Hosseinpour, 15
Procedure Act, arguing that the re- as enunciated by the Supreme Court plicants who are eligible to file I-485 I&N Dec. 191 (B.I.A. 1975) recog-
versal was arbitrary and capricious majority in Regents. The DFF will adjustment of status applications nized an inherent dual intent in all
as the USCIS did not provide a rea- still allow applicants and their chil- should do so immediately. After Au- nonimmigrant visas, it may be not
soned explanation for its action un- dren to file I-485 applications after gust 15, 2025, while a child may be be recognized by this Administration
der DHS v. Regents of the University August 15, but once their children able to file an I-485 under the DFF it under the circumstances of an I-485
of California. In Regents, which was age out, their I-485 will get denied. will not protect the age of the child. that was filed and denied. If children
discussed in detail in a prior blog, Children are likely to be deterred If the FAD does not become current proceed abroad for an F-1 visa they
the Court struck down the rescis- from filing I-485 applications if there before the child becomes 21, or if the too risk refusal of the visa under INA
sion of the DACA program on the is a risk that they will age out before child turns 21 and cannot utilize the 214(b) as they may not be able to re-
ground that DHS failed to provide a the FAD becomes current. Despite age protection formula under the but the presumption that they are in-
reasoned explanation for taking this the weighty impact on reliance inter- CSPA, the child’s I-485 application tending immigrants.
action. ests, USCIS has failed to provide a will get denied. This could poten-
The Court also focused on the reasoned explanation for the rever- tially jeopardize the child’s chances *Kaitlyn Box is a Partner at Cyrus D.
agency’s failure to factor in the reli- sal. of changing to another nonimmi- Mehta & Partners PLLC.
ance interests of DACA recipients, As the USCIS will continue to grant status such as F-1. Although
many of whom had enrolled in de- ___________________________________________________________________________________________________________________________________
gree programs, embarked on ca- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta
reers, started businesses, purchased & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
homes, and even married and had mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
children, all in reliance on the DACA Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
program. of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
The anomaly between the US- Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
CIS and DOS policy existed when the Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
new policy was announced on Febru- on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and

ary 23, 2023, and so to necessitate a Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
reconciliation is a poor justification and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
for reversing the policy. Nothing has immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
changed since 2023. Moreover, even the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
if USICS has provided an August in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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