Q: Does Cuthill v. Blinken decision in second circuit is applicable in my situation?
I filed an i-130 petition for my minor children as a lpr but i become a citizen and petition is still pending a decision my son is above 21 when i become a citizen but i filed as a lpr for F2A category but uscis upgraded the category to F-1 i initially filed the petition from new york but later on moved to texas and got citizenship from texas. is cuthill v. blinken decision in second circuit applies to me as petition was filed from new york to make the category to Immediate Relative?
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A:
The Cuthill v. Blinken decision in the Second Circuit may be relevant to your situation, particularly if your case would benefit from the application of the Child Status Protection Act (CSPA) to lock in your child's age as under 21 at the time you filed the I-130 petition. Since the petition was filed while you were residing in New York, which falls under the Second Circuit, and the case addresses issues with the automatic conversion of petitions and the age of children beneficiaries upon the naturalization of the petitioner, it might apply to your situation.
It would be prudent to consult with an attorney who is knowledgeable in immigration law to review the specifics of your case, as they can advise on the applicability of this decision based on the current laws and your circumstances. Legal counsel can assist in potentially advocating for the retention of the F2A category as an Immediate Relative classification based on your son’s age at the time of the original petition filing.
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