Residency under CSPA denied under false claims

[dainkore 0]

Hello everyone-

I'm looking for a bit of hope! I'm brand new to the world of immigration, so pardon any jargon misuse.

My boyfriend applied for residency before he was 21 (I think he was 17), and at that time his parents had received permanent residency in the U.S.; therefore, he fell under the Child Status Protection Act. When he was 22, he finally received an answer; he was denied twice, but the reasons given for the denial were not true ( DENIAL #1: they're claiming he had been incarcerated for possession- never happened, and there are records to prove it. DENIAL #2: they said it was because he's "nigerian"... he's mexican). We don't know who's fault this all was (his former lawyer's, someone who handled the paperwork...). but now he's over 21, and if he re-applied, he wouldn't fall under the CSPA.

Shouldn't it still be possible for him to use his child status, though, since he was denied under false claims, and the mistake was the Immigration official's/Lawyer's ??? His new lawyer doesn't think we seem to have a case. I feel like this could arguably be a form of discrimination (Let's deny these immigrants under false circumstance while they meet the requirements, and then wait until they no longer meet the requirements to let them reapply so we can deny them again).

Thanks in advance for any advice, and good luck to everyone else out there trying to navigate this ridiculous system!

[belinda63 2,981]

If the discrimination argument were valid then I would never have been born and I would not be married now as both my mother and spouse are immigrants, plus there wouldn't be thousands of legal immigrants to the US every year.

The time to appeal the denials is past, this should have been done within 30 days of the decision. The big worry I would have now would be a charge of misrepresentation as they obviously feel he failed to disclose something he should have on the original application. I suggest you listen to your attorney and follow his advise.

[Harsh_77 716]

From what I understood your bf was denied twice and there were 2 different reason given for the denial.

For some reason they are not matching, means either your bf has something on file that is there which immigration does not like.

Either it could be mistake on part of lawyer, if lawyer filed it, but end of the day its OP request to make sure everything is correct on their form when they sign the form.

[Brother Hesekiel 2,235]

Before we figure out how to do the tricky stuff, let's start with the easy stuff.

1) Is your boyfriend in the US or in Mexico?

2) If he's in the US, what's his current status?

3) What is his parents' status now?

4) If he were to file a new petition for residency, whether an immigrant visa or an Adjustment of Status, on what legal basis would he do that?

[JimVaPhuong 4,863]

Hello everyone-

I'm looking for a bit of hope! I'm brand new to the world of immigration, so pardon any jargon misuse.

My boyfriend applied for residency before he was 21 (I think he was 17), and at that time his parents had received permanent residency in the U.S.; therefore, he fell under the Child Status Protection Act. When he was 22, he finally received an answer; he was denied twice, but the reasons given for the denial were not true ( DENIAL #1: they're claiming he had been incarcerated for possession- never happened, and there are records to prove it. DENIAL #2: they said it was because he's "nigerian"... he's mexican). We don't know who's fault this all was (his former lawyer's, someone who handled the paperwork...). but now he's over 21, and if he re-applied, he wouldn't fall under the CSPA.

Shouldn't it still be possible for him to use his child status, though, since he was denied under false claims, and the mistake was the Immigration official's/Lawyer's ??? His new lawyer doesn't think we seem to have a case. I feel like this could arguably be a form of discrimination (Let's deny these immigrants under false circumstance while they meet the requirements, and then wait until they no longer meet the requirements to let them reapply so we can deny them again).

Thanks in advance for any advice, and good luck to everyone else out there trying to navigate this ridiculous system!

His only chance of getting an approval that's covered by the CSPA is to get the original petition case reopened. There's a limited window of opportunity to keep a case open - usually 30 days from the date the NOID is sent. If a motion isn't filed within that window of time then it's very difficult to force USCIS to reopen the case. This would more likely be dealt with in immigration court, followed by a possible appeal to the BIA.

Are you a US citizen? Are you and your boyfriend planning to marry?

[Penguin_ie 5,985]

There is something fishy here- they cannot deny someone for being Nigerian, whether he truly is from there or not. Are you paraphrasing?

[Jojo92122 1,924]

There is something fishy here- they cannot deny someone for being Nigerian, whether he truly is from there or not. Are you paraphrasing?

Seems likely that there is a great deal of miscommunication going on. Something is fishy. This is beyond the ability of an online forum to help with. A GOOD immigration lawyer is the only one who can help.

It doesn't matter if the boyfriend's original attorney was/is incompetent. Not the US government's problem. It's the boyfriend's responsibility to hire a competent attorney, otherwise everyone who wants a reconsideration would claim an incompetent attorney screwed up.