CSPA: Did Not Petition Within One Year

[vweeks 0]

Under CSPA I definitely aged out. My mother received her green card 3-4 years ago after over 10 years of waiting and her lawyer never informed her of "aging out". I was 21 at the time. I know it states that a petition must be sent in within a year but is there anything we can do at this point?

She contacted her previous lawyer and he quoted her $600/hr for his time just to see if he could do anything...which just seems ludicrous.

I've been educated in this country since I was 3 years old(elementary-college), its crazy that at the age of 25 I am still being dealt like a 2nd class citizen. Any help would be appreciated. thank you.

Edited December 19, 2011 by vweeks

[RICARDO4EVA2 194]

Who filed for your mother....? A spouse.? Or a different family member...?

What was your legal status in the usa when your mother was approved..? I am only asking these questions to know but it is too late to do anything based on her approved petition

[LIFE'SJOURNEY 970]

Under CSPA I definitely aged out. My mother received her green card 3-4 years ago after over 10 years of waiting and her lawyer never informed her of "aging out". I was 21 at the time. I know it states that a petition must be sent in within a year but is there anything we can do at this point?

She contacted her previous lawyer and he quoted her $600/hr for his time just to see if he could do anything...which just seems ludicrous.

I've been educated in this country since I was 3 years old(elementary-college), its crazy that at the age of 25 I am still being dealt like a 2nd class citizen. Any help would be appreciated. thank you.

First you are not a citizen, second what is your legal status in which you feel you can AOS from.

[vweeks 0]

Obviously I am not a citizen. But I do all the things that citizens do. I pay taxes, paid for my whole college education, own a home...might as well be. situation just sucks

I was on TPS when my mother was approved...now DED for Liberians.

My maternal grandmother(US citizen) filed for my mother.

Edited December 19, 2011 by vweeks

[RICARDO4EVA2 194]

She is trying to help you.. Relax. The petition is deduction to me. But hear the others

[LIFE'SJOURNEY 970]

Obviously I am not a citizen. But I do all the things that citizens do. I pay taxes, paid for my whole college education, own a home...might as well be. situation just sucks

I was on TPS when my mother was approved...now DED for Liberians.

My maternal grandmother(US citizen) filed for my mother.

DED Period: October 1, 2007, through March 31, 2013

I agree with Richardo...

[Darnell 8,478]

it's my understanding that the clock starts on YOU when your mother's petition was filed, not when her aos or visa was approved.

If you study CSPA a bit more, you should find that IF you were under 21 WHEN THE MOTHER'S PETITION WAS FILED,

well, you qualify.

But, do study a bit on CSPA, yes? [CPSA??]

[vweeks 0]

She is trying to help you.. Relax. The petition is deduction to me. But hear the others

I dont know if youre telling me to relax, but I am relaxed. I was just releasing my frustrations (and not on anyone)...

Could you please explain to me what a deduction is? Thank you.

it's my understanding that the clock starts on YOU when your mother's petition was filed, not when her aos or visa was approved.

If you study CSPA a bit more, you should find that IF you were under 21 WHEN THE MOTHER'S PETITION WAS FILED,

well, you qualify.

But, do study a bit on CSPA, yes? [CPSA??]

I was listed as a derivative when her petition was filed. I know i qualify, its just been over a year since her visa was approved. None told us about CSPA. Just finding out through research. Is there anything I can do at this point??

Edited December 19, 2011 by vweeks

[Darnell 8,478]

call the NVC, give them yer mother's case #, mention CSPA, and ask what they know about you.

[JimVaPhuong 4,863]

it's my understanding that the clock starts on YOU when your mother's petition was filed, not when her aos or visa was approved.

If you study CSPA a bit more, you should find that IF you were under 21 WHEN THE MOTHER'S PETITION WAS FILED,

well, you qualify.

But, do study a bit on CSPA, yes? [CPSA??]

Are you sure? If grandmother petitioned for mother, and daughter is eligible as a derivative, then it's not an immediate relative case. It's got to be either F1 or F3. In an immediate relative case the age is locked when the petition is accepted, and it stays locked throughout the process. Family preference categories lock the age (sort of) when the petition is accepted, but they begin aging again when the petition is approved. The age isn't locked again until they take steps to acquire the visa or visa number, which is after the priority date is current. In other words, the only thing she can deduct from her age is the time spent waiting for the petition to be approved.

The Deferred Enforced Departure (DED) status should be considered as a "period of authorized stay", according to an INS memo issued in 1997, so the requirement that she has maintained her lawful presence appears to have been met. The two potential problems appear to be:

1. Did she age out? We need to know her birthday, what day the petition was accepted by USCIS, what day the petition was approved by US, and when the priority date became current.

2. Did she lose her eligibility to apply as a derivative because of the delay in filing for adjustment of status? The statutory limit is that a visa number must be issued for a derivative within one year of the primary beneficiary. My guess is that this will be the killer.

I think the OP's mom should file an I-130 immediately, as a backup plan. If she's lucky, her DED status will be extended long enough for her new priority date to become current.