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F2B and CSPA, can I file the I 485 now, please help

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Filed: Timeline

Hi Everyone

I hope you can give me some legal advice regarding my immigration situation.

My aunt is a citizen of the United Stated and applied my family in 1995 (F4B). I was 12 years old and under the application in that time. Upon turning 21 in 2004, I aged out and lost the preferential status of a child. As the result of agency backlog and delay, I aged out before our case completed in 2007.

Base on the Child Status Protection Act of 2002 (CSPA) and Revised Guidance for the Child Status Protection Act Chapter 21.2(e) (AD07-04), section 203(h) for applicants seeking to benefit under a preference category, including derivative beneficiaries and Updated Practice Advisory on CSPA (March 8, 2004).

My CSPA age should be equal Department of State Visa Bulletin Date (January, 2007) – Derivative Beneficiaries Priority Date (June, 1995) = 12, Under CSPA, I should be protected by CSPA and eligible to be reconsidering as under age child in our previous case.

Because my family didn’t know about the CSPA before, I lost the opportunity to adjust my status before my parents received the immigration visa. And then my parents applied me under F2B in 2007.

I sent CSPA petition letters to National Visa Center, Vermont Center and NYC field office, they finally replied me, but they just push the responsibility to one and another office. Some said I should be quality for the previous priority day, some said I have to wait for the F2B visa become available. I know no idea what I should do. They never give me a final answer.

Dilemma:

1. I came into US with F1 student visa, under the recession, it is very difficult to find a H1B and my OPT will expire next week. In order to maintain my legal status, I am going back to college for the third Master program and I can barely afford it this time.

2. My parents are getting older, English is a huge chanllenge for them, I cannot work legally to afford the living expense.

Questions:

Based on CSPA guideline,I should already received the greencard 4 years ago.

But because the delay and miscommunication in the process, I have already lost 4 years work opportunity, and suffer a discrimination and frustration in the workforce.

1. Can I file I485 to adjust my status without any further from USCIS?

2. Can I sue USCIS for 4 years monetary lost and psychology damage?

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Filed: F-2A Visa Country: Jamaica
Timeline

No no no... U cannot file the I-485 & get a green card you are not elegible. To me based on what u explained u would have been 24 if u had been allowed entry into the US with your parents. If there were no processing delays at uscis then CSPA granted afterwards are given as a courtesy.

The persons involved in the visa process should have researched the issue .... Now unfortunately you, the petitioner or your parents cannot correct a dead petition I dont see how suing the government would help. Focus on keeping your immigration status legal so that u maybe able to adjust status in the F2B category because both will be as drawn out process.


Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

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Filed: Timeline

No no no... U cannot file the I-485 & get a green card you are not elegible. To me based on what u explained u would have been 24 if u had been allowed entry into the US with your parents. If there were no processing delays at uscis then CSPA granted afterwards are given as a courtesy.

The persons involved in the visa process should have researched the issue .... Now unfortunately you, the petitioner or your parents cannot correct a dead petition I dont see how suing the government would help. Focus on keeping your immigration status legal so that u maybe able to adjust status in the F2B category because both will be as drawn out process.

Hi, Thank you so much for the information.

Yes, I am over 24 and came into US with F1 visa.

Because my parents live in NYC, I went to USCIS field office last week. I spoke to a officer in the office and show them all the documents we have. The lady told me to send a letter to Vermont, it may have 50% chance to receive the earlier piority day...

"Section 3 of CSPA amends section 203(h)(3), INA as follows:

RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A)and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.

I do some research, there is not deadline for CSPA.

Is there any way I can attain the early priority day?

Thank you so much.

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Filed: K-1 Visa Country: Vietnam
Timeline

The CSPA doesn't lock your age as of the date your petition is accepted. What it does do is allow you to deduct any time USCIS or Department of State spent processing your petition or application from your actual age. In other words, if USCIS spent two years processing your petition before they approved it then you could deduct two years from your actual age in order to determine your effective age for the immigration benefit. You can deduct any time between when a petition or application was accepted, and when that petition are application was approved. What you may NOT deduct is time spent waiting for your priority date to become current.

So, what you have to determine is what was your effective age on the day your original priority date became current. If your effective age was over 21 then you've aged out.

Why did your parents reapply for an F2B? Shouldn't your original petition have automatically changed to F2B category? That would have retained your original priority date.


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Filed: Citizen (apr) Country: Argentina
Timeline

Hi Everyone

I hope you can give me some legal advice regarding my immigration situation.

My aunt is a citizen of the United Stated and applied my family in 1995 (F4B). I was 12 years old and under the application in that time. Upon turning 21 in 2004, I aged out and lost the preferential status of a child. As the result of agency backlog and delay, I aged out before our case completed in 2007.

Base on the Child Status Protection Act of 2002 (CSPA) and Revised Guidance for the Child Status Protection Act Chapter 21.2(e) (AD07-04), section 203(h) for applicants seeking to benefit under a preference category, including derivative beneficiaries and Updated Practice Advisory on CSPA (March 8, 2004).

My CSPA age should be equal Department of State Visa Bulletin Date (January, 2007) – Derivative Beneficiaries Priority Date (June, 1995) = 12, Under CSPA, I should be protected by CSPA and eligible to be reconsidering as under age child in our previous case.

Because my family didn’t know about the CSPA before, I lost the opportunity to adjust my status before my parents received the immigration visa. And then my parents applied me under F2B in 2007.

I sent CSPA petition letters to National Visa Center, Vermont Center and NYC field office, they finally replied me, but they just push the responsibility to one and another office. Some said I should be quality for the previous priority day, some said I have to wait for the F2B visa become available. I know no idea what I should do. They never give me a final answer.

Dilemma:

1. I came into US with F1 student visa, under the recession, it is very difficult to find a H1B and my OPT will expire next week. In order to maintain my legal status, I am going back to college for the third Master program and I can barely afford it this time.

2. My parents are getting older, English is a huge chanllenge for them, I cannot work legally to afford the living expense.

Questions:

Based on CSPA guideline,I should already received the greencard 4 years ago.

But because the delay and miscommunication in the process, I have already lost 4 years work opportunity, and suffer a discrimination and frustration in the workforce.

1. Can I file I485 to adjust my status without any further from USCIS?

2. Can I sue USCIS for 4 years monetary lost and psychology damage?

unfortunatly there is nothing you can do now, that petition is dead. I can't say for sure if your aunt might have been able to appeal back in 2007 when they considered you aged out of your parents petition. for the retention of the date there has to be a live ongoing process. Your parents already went through the process, got their GC and the case is closed.

now one of your parents filed for you and you have to wait for your priority date. there is nothing you can do about it.

you can't flie an i485 because your priority date with this petition isn't current. you aren't getting your GC based on your aunt's petition, that's long gone and over.

you will get your GC based on your parent's petition. so if you can't maintain legal status at all times until your PD becomes current, you'll have to return to your country and go through consular processing.

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Filed: Timeline

unfortunatly there is nothing you can do now, that petition is dead. I can't say for sure if your aunt might have been able to appeal back in 2007 when they considered you aged out of your parents petition. for the retention of the date there has to be a live ongoing process. Your parents already went through the process, got their GC and the case is closed.

now one of your parents filed for you and you have to wait for your priority date. there is nothing you can do about it.

you can't flie an i485 because your priority date with this petition isn't current. you aren't getting your GC based on your aunt's petition, that's long gone and over.

you will get your GC based on your parent's petition. so if you can't maintain legal status at all times until your PD becomes current, you'll have to return to your country and go through consular processing.

Hi, Thank you for the information, Yes I understand it is a living ongoing process and painful. I went to USCIS NYC field office and keep sending peititon letter to Vermont, hopefully they will reconsider to use my perivous priority day 1995 Jun.

I have been in NYC field office two time, the first time they told me to send the letter to Vermont with the F4B approve notice, it might have 50% chance to get the priority day,

the second time (Last Friday) I went to NYC field office again, and this time the other lazy was mean and unfriendly, she just told me to send out the approval notice 1995 and i 485 to vermont.

I don't know who i should listen.

Thank you

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