Jorge Velasquez-Garcia v. Eric Holder, Jr.

WOOD, Chief Judge.

The Child Status Protection Act, 8 U.S.C. § 1153(h) (the Act), allows the adult children of lawful permanent residents to maintain child status if their parent filed a visa petition on their behalf while they were still under 21. This provision, enacted in 2002, prevents such children from “aging out” of visa priority during the years in which their petition is under review by immigration authorities. But an immigrant may take advantage of this provision only if he “sought to acquire the status of an alien lawfully admitted for permanent residence within one year” of his…