Please READ and see if this makes sense to any of you?

[245iExpert 0]

In short -

Was awarded permanent resident status in 1998. Over the course of a few years, while studying aboard, I lost my status due to over stay overseas without a travel permit.

Reapplied in 2002 while I was in the US through an immediate family member petition. The I-130 was approved late 2002. In 2004, my I-485 adjustment of status was denied because the sponsor (immediate family member, my step father) resided overseas.

Now, years later, I have overstayed here in the US and am also 26 years old.

We are now reapplying through an attorney, while the plan of attack was to use my original I-130 approval in 1997, in conjunction with the 245i.

Anyways.....fast forward.

Today, we went to the local immigration office and were handed a copy of the I-130 approval notice from 2002 and was told by the immigration officer that all we have to do now is send in the I-485 application along with the 2002 I-130 approval notice and that should do it. Mind you, the immediate family member now resides in the US as his permanent home. He claims there will be no overstay issue, because it's an immediate family application. Also there will be no age out issue, because of my priority date from the I-130 approval was from 2002.

Does this make sense?

[Bobby+Umit 161]

I don't know how you would use your 1997 I-130 approval now, you were awarded LPR in 1998.

I would think that would put that one to rest and you would have to file a new one, as applicable.

Since you didn't follow the rules and lost your LPR status, and stayed past the I-485 AOS in 2004, I would think your case would be very difficult.

Good thing you have a lawyer.

[245iExpert 0]

Well, that's were the 245i would come into play. It's complicated, but doable. We are just seeking other alternative options really.

Just that we were told by the immigration officer that all we will need to do is send in our current I-485 application, along with our I-130 approval in 2002 (in which he gave a copy to us this morning) and that should do the trick.

And no, having a lawyer DOES NOT mean ANYTHING. I can honestly say, I know more of what's going on then the actual lawyer does. And as of right now, he's not sure if the immigration officer is correct or not, that's why I am trying to figure it out myself, while he does his research. Our lawyer is also 'suppose' to be one of the best around my area.

I don't know how you would use your 1997 I-130 approval now, you were awarded LPR in 1998.

I would think that would put that one to rest and you would have to file a new one, as applicable.

Since you didn't follow the rules and lost your LPR status, and stayed past the I-485 AOS in 2004, I would think your case would be very difficult.

Good thing you have a lawyer.

[Otto 83]

So - on what basis is/was the I-130 filed on? Is this immediate family member a spouse/parent/sibling?

[245iExpert 0]

Immediate family member - Step father who's been married to my mother and been in our family for close to 14 years.

So - on what basis is/was the I-130 filed on? Is this immediate family member a spouse/parent/sibling?

[leahandlucas 15]

Seconding Bobby and Umet....you will need another I-130....yes...your lawyer might be a little stumped because its not your everyday-immigration-case so of course he'll have to do his research....

So after your I-130 was approved in 1997, that got your LPR in 1998, therefore, its been used for that application in particular...

So you would have to file the I-485 and I-130 concurrently once again...now...not sure because of your overstay that they will look at this more deeply.....

Remember....every ajudicator sees things differently...

take care, good luck...

[Brother Hesekiel 2,236]

Many mechanics can repair import cars, but if you have a McLaren, you need a specialist.

There is one perfect place for 245i questions: immigrate2us.com

Edited February 5, 2010 by Just Bob

[245iExpert 0]

Guys, I wanted to update on what's been going on. I think this might help a lot of people out there that do not know about this memorandum.

My case if complicated, so, we will leave it at that. What it comes down to, people tend to make things more complicated than they are. I think that's the exactly the point in my case.

In short -

- Applied for my I-130 / I-485 / etc in late 2002 (I was 18 at the time)

- I-130 application was approved

- I-485 was denied in 2004 - reason for denial = my sponsor resided overseas permanently at the time

- I just let it go for a few years

- Was alerted when my job needed an updated work permit

- Lost my job

- Started to seek available options to regain my status.

It has proven to be quit complicated through this whole process. Issues included age out, etc.....

Well, here's what we found -

In a memorandum dated 04/2004.

Revised Guidance for the Child Status Protection Act (CSPA)

Quoted -

1. Purpose

This guidance significantly modifies a prior interpretation of certain provisions of the CSPA. In particular, it changes how the agency interprets the statute to apply to aliens who aged out prior to the enactment date of the CSPA. It also permits those individuals who were ineligible under the prior policy to file a new application for permanent residence. Under certain circumstances, this guidance also permits those individuals who were previously denied for CSPA to file motions to reopen or reconsider without filing fee. It also explains what steps certain aliens who do not automatically benefit from the CSPA can take to protect their status as a child.

This guidance contained in the AFM update below replaces the following two memoranda:

•The Child Status Protection Act, issued September 20, 2002; and

•The Child Status Protection Act – Memorandum Number 2, issued February 14, 2003Memorandum for Field Leadership, et al.

Subject: AFM Update: Chapter 21.2(e) The Child Status Protection Act of 2002 (CSPA) (AD07-04)

Page 2

(e) The Child Status Protection Act of 2002 (CSPA)

The CSPA amended the Immigration and Nationality Act (Act) to permit an applicant for certain immigration benefits to retain classification as a child under the Act, even if he or she has reached the age of 21. The CSPA added section 201(f) for applicants seeking to qualify as Immediate Relatives and section 203(h) for applicants seeking to benefit under a preference category, including derivative beneficiaries.

(1) CSPA Coverage

(i) Adjustment as an Immediate Relative (IR). The CSPA amended section 201(f) of the Act to fix the age of an alien beneficiary on the occurrence of a specific event (e.g. filing a petition). If the alien beneficiary is under the age of 21 on the date of that event, the alien will not age out and continue to be eligible for permanent residence as an IR. It does not matter whether the alien reaches the age of 21 before or after the enactment date of the CSPA, when the petition was filed, or how long the alien took after petition approval to apply for permanent residence provided the alien did not have a final decision prior to August 6, 2002 on an application for permanent residence based on the immigrant visa petition upon which the alien claims to be a child.

Here's the link to this memorandum.

http://www.uscis.gov/files/nativedocuments/CSPA_30Apr08.pdf

Edited February 8, 2010 by 245iExpert