Supreme Court heard arguments today on an issue that will impact “aged-out” children.

Today the Supreme Court (SCOTUS) heard arguments in the case Mayorkas v. De Osorio which addresses the question of whether children who are derivative beneficiaries of preference category family petitions can automatically convert  their petitions to a different petitioner and retain the same priority date.  The transcript of the argument can be found here. It’s dense reading but worth the slog.

If the SCOTUS issues a favorable decision, it could mean that derivative beneficiary children who age out (turn 21) may have the original petition convert to that of the parent who has just newly become a lawful permanent resident and use the priority date of the original petition. To give an example–say Samantha, a US citizen, files a visa petition for her brother Henry (this would be a F4 preference category petition), and Henry has a 16 year old son named Jimmy. When the visa petition finally becomes current after many years of waiting, Henry can seek an immigrant visa but under current law, little Jimmy who now is 27 and goes by “Jim” can no longer immigrate as a derivate child  beneficiary. If SCOTUS rules favorably, then the US government will treat the petition filed by Aunt Samantha as if it was filed by Jim’s father with the priority date of the original petition filed by Samantha.  This would mean under current visa availability, a visa number would be immediately available for Jim and he will be able to join his father with little or no delay. The SCOTUS may rule this way or they could possibly require that an actual petition has to be separately filed by the lawful permanent resident father. Either way, it would be a great victory for aged-out children everywhere!  Stay tuned– the SCOTUS has until June 2014 to issue its decision.

Luca F., San Francisco

We contacted Rosy to know if she could assist us with my application for change of status based on our same sex marriage. During the first consultation Rosy guided us through the different steps of the process and through its timeline. We immediately felt we could trust her with our case. She is very knowledgeable, detail oriented and experienced. Rosy also transmits a very good energy; she is a very compassionate, honest and warm-hearted person; and she is very dedicated to her clients. She met all our expectations and actually exceeded them. We couldn’t ask for a better attorney and human being, and we were very fortunate to have had her as an attorney. We sincerely recommend Rosy for any immigration matter.

Nigel, San Francisco, CA

I consulted with a number of attorneys before a friend recommended Rosy. Rosy demonstrated a mastery of immigration law and really took the time to understand the complications of my case. She calmly navigated me through the process, reassuring me along the way. Rosy is not just an attorney but an advocate for immigrant rights. Even after my case was resolved Rosy consistently followed up with me about other issues. I am indebted to Ms Cho, it’s not often you find people out there with your best interests at heart.

Maria Recalde-Bernstein, Esq.

Rosy has several times provided me with practical and expert advice on immigration matters. I think she is smart, ethical and very hard working and she cares deeply about her clients and their cases. I highly recommend her for any immigration work.

Rocio, Oakland, CA

With my eyes closed I recommend Rosy. She is the most HONEST, COMPASSIONATE, CARING and DEDICATED attorney. She has a lot of experience and is always up to date in immigration law. Her knowledge and the heart she puts in every case, has help my family win their cases. In 2009 Rosy won my boyfriend’s immigration appeal and he became a legal resident. Two years later my brother was facing deportation and Rosy won his case. Few months ago she also helped me apply for DACA and my case was approved. Rosy has guided us and helped us. She has been there for us when we needed. Rosy has been a blessing in our life. Thank you Rosy for everything you have done for me and my Family.

Hanane Seid, San Francisco

For the last 10 years I have gone through with 6 Lawyers before meeting Rosy. I don’t know what would happen to my very complicated case, If Rosy was not there. Most of the time lawyers give people advice and tell them what they can and can’t do under the law. But, Rosy sees the case by heart and feels by soul. I started believing in miracles when Rosy managed to prove my eligibility as asylee to the Ninth Circuit Court Immigration Judges in an honest and efficient way. Rosy treats her clients with enormous compassion. Rosy’s determination and dedication was paid off when she was successful in getting my case approved. I have got no words to thank Rosy because I owe her my life. Her meticulous way of working and dedication to my case was really praiseworthy. I highly recommend her and that we need some more lawyers like Rosy.


After consulting with five lawyers, my husband and I were happy that we found Rosy.  Rosy was able to cite a little known exception that enabled us to pursue my path to legalization. Rosy was with us every step of the way. She guided us through the process and kept us informed. She was able to predict the outcome and help us work through the challenges that is the US Immigration process. Thank you Rosy for being such a well-informed lawyer. Your knowledge of the law was our savior.