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IMMIGRATION NOVEMBER 01, 2024 | The Indian Eye 35

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nary circumstances and calculates the Action Dates on July 1, 2021 may not But on October 2024, the EB-3 als qualify under the previous 2023
applicant’s CSPA age using the date have helped the children if the earli- India Dates for Filing has advanced CSPA update. As the EB-3 India
the visa first became available, which er, more advantageous Dates for Fil- to June 8, 2013, affording some non- Date for Filing continues to advance
was October 1, 2020. ing on October 1, 2020 were not rec- citizens who have not been eligible to until it reaches January 1, 2015, which
On October 1, 2020 when the In- ognized for protecting the age of the submit their adjustment of status ap- is what it was under the October and
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dia EB-3 Dates for Filing advanced child until the USCIS policy change plications since October 2020 anoth- November 2020 Visa Bulletins, all
to January 1, 2015, thousands of In- on February 14, 2023. Even when er opportunity to do so. Noncitizen children who missed out under those
dia born beneficiaries in the EB-2 the USCIS allowed the filing of I-485 children who missed out on applying visa bulletins in 2020 may be able
and EB-3 filed I-485 applications adjustment of status applications on in October 2020 can do so now, as- to benefit from this salutary policy
along with their derivative family February 1, 2023 under Dates for serting that the change in USCIS’ change today and beyond.
members (those in EB-2 downgrad- Filing, the Dates for Filing from Feb- policy is an extraordinary circum- (This blog is purely for informational
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ed to EB-3 first). By January 1, 2020 ruary 1, 2023 till September 1, 2024 stance excusing their failure to file purposes and should not be considered
the beneficiaries under the India were not as advanced as the Dates for when a visa first became available. as a substitute for legal advice)
EB-2 and EB-3 could no longer take Filing established under the October The latest update will thus help Kaitlyn Box is a Senior Associate at Cyrus D
advantage of India EB-3 Dates for 2020 Visa Bulletin. many previously ineligible individu- Mehta & Partners PLLC
Filing. Then, on July 1, 2021 the India ___________________________________________________________________________________________________________________________________
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EB-3 Final Action Dates advanced Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
again, but only until January 1, 2013. Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee;
In October 2020, applicants for ad- former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
justment of status would have had no Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of Volunteers
idea that the Dates for Filing would
be used to calculate a child’s CSPA for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees
age. Thus, some noncitizen children of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York
may have missed out on applying for City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an
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adjustment of status along with their adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received
family members in October 2020 be- the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael
cause a visa was not available to cal- Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has also
culate their CSPA age under USCIS’
prior policy or their CSPA age would received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers
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have been calculated to be over 21 in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and Chambers
years old. The advance of the Final Global 2019 in immigration law, among other rankings.

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