Does CSPA apply to derivative beneficiaries (F3)?

[Espy 0]

I was reading the CSPA sticky and wasn't too sure. It seems like it might, but I'd like to get some clarification from the community. I'm trying to help my GF out a bit.

Her DOB is 06/14/1986

Priority date is 10/21/1992

From Philippines.

She is the derivative of her parents who were in F3 status (married sons and daughters of a US citizen). Her mom already obtained LPR status late last year. They (my GF's parents) arrived as students in 1988 and have remained since and so has my GF.

My questions are:

- If CSPA applies, can she can file an AOS application here in the U.S. since her CSPA age would be under 21 according to my calculation?

- IF CSPA does NOT apply, her mom who is now an LPR can apply for her as an unmarried daughter of an LPR and my GF will be able to retain the original priority date of 10/21/92, correct?

Thanks, I'm a noob here but I've been reading the posts and I've been encouraged by the knowledge and willingness to help. Thanks again!

[Jojo92122 1,924]

I was reading the CSPA sticky and wasn't too sure. It seems like it might, but I'd like to get some clarification from the community. I'm trying to help my GF out a bit.

Her DOB is 06/14/1986

Priority date is 10/21/1992

From Philippines.

She is the derivative of her parents who were in F3 status (married sons and daughters of a US citizen). Her mom already obtained LPR status late last year. They (my GF's parents) arrived as students in 1988 and have remained since and so has my GF.

My questions are:

- If CSPA applies, can she can file an AOS application here in the U.S. since her CSPA age would be under 21 according to my calculation?

If her CSPA age is under 21, she must seek to adjust her status within one year of her parent's PD becoming current. If it has been longer than one year, she is too late and cannot adjust her status.

- IF CSPA does NOT apply, her mom who is now an LPR can apply for her as an unmarried daughter of an LPR and my GF will be able to retain the original priority date of 10/21/92, correct?

There is no such thing as retaining the original priority date. This has been litigated and been rejected by the courts. USCIS does not recognize retaining PDs.

Your GF's mom applying for her is not going to work. Your GF is here illegally and cannot adjust her status. The law that allowed her parents to adjust has expired. Under 245(i), a petition must be filed before 2001. The petition before 2001 was for your GF's parent and derivative beneficiaries. If your GF aged out, she is no longer a derivative beneficiary and gains no benefit from that petition. A petition by her mom would be a new petiiton which would not be covered under 245(i).

Only marriage to a US citizen can help your GF adjust her status. Good thing she arrived legally into the US back in 1988.

Thanks, I'm a noob here but I've been reading the posts and I've been encouraged by the knowledge and willingness to help. Thanks again!