Is the form 824 protected by CSPA?

[lucasbarrios123 0]

Hey guys, I need some guidance about the form i-824, I just discovered this form existed, but I'm having some problems understanding it. According to what I understood, it allows the beneficiary of an approved AOS petition (485) to notify an U.S consulate of any foreign country about their successful adjustment of status in order for the beneficiary's spouse and/or children be able to get a green card through follow-to-join benefits without having to wait for a priority date to become current or an i-30 to be approved. Apparently this is all done through the foreign consulate, and the form takes about from 3 to 6 months to be approved. My mom is currently adjusting status, and according to my calculations, she will have her green card when I'm about 20 years and 8 months, if she files the 824 intermediately, will I age out until it is processed and approved (3 to 6 monts), and if I do, will the Child Status Protection Act help me? (because I have read there are different methods to calculate CSPA age if you are being petitioned by a resident)

[aleful 1,905]

who is filing for your mom? and why is she adjusting status in the US?

 

we need more information

 

explain her case in detail

 

 

[lucasbarrios123 0]

6 minutes ago, aleful said:

who is filing for your mom? and why is she adjusting status in the US?

 

we need more information

 

explain her case in detail

 

 

She got married, she is filling her 485 with the help of a friend of hers which is a notary public and knows about all that stuff. She's adjusting status because she doesn't want to come back anywhere near my dad (they got recently divorced ~2 months).

[aleful 1,905]

then the i824 has nothing to do with your case

 

if she is adjusting status in the US, then her husband is a USC, there are no derivatives on spouse petitions, so there is no case for you

 

for a follow to join benefit, there has to be a petition filed that qualifies to have derivatives, there are no derivatives for spouses of a USC, so no need to file this form

 

once she is a resident, she can file for you, since you will be 21, you will have to wait over 6 years and be single until you enter the country or marry after she becomes a USC. If you marry the petition will take longer, but as said, it has to be after she becomes a citizen, there are no petitions for married children of a resident

Edited September 23, 2017 by aleful

[lucasbarrios123 0]

Wait really? I read that beneficiaries of a i-130 petition were able to file 824, I'm even more confused now

[aleful 1,905]

hi

 

it has to be a qualifying petition with a qualifying beneficiary

 

you aren't under your mom's petition since there are no derivatives

 

if it was a USC parent filing for your mother, then spouses and minor children under 21 are derivatives

 

if your mom was petitioned by a sibling, you would be a derivative as a child under 21

 

but her husband is filing for her and her only, children and stepchildren are filed separately so she can't file a follow to join, there is no petition for you, you have to be petitioned as well

 

you have to be petitioned with her, she will have her interview here, then they send the file to your country and you would have your interview in your country, but you have to be under her petition, you have to be petitioned as well

 

since you aren't under her petition, she has to file a new petition once she get's her GC she can file for you, but you will already be 21

 

 

[lucasbarrios123 0]

56 minutes ago, aleful said:

hi

 

it has to be a qualifying petition with a qualifying beneficiary

 

you aren't under your mom's petition since there are no derivatives

 

if it was a USC parent filing for your mother, then spouses and minor children under 21 are derivatives

 

if your mom was petitioned by a sibling, you would be a derivative as a child under 21

 

but her husband is filing for her and her only, children and stepchildren are filed separately so she can't file a follow to join, there is no petition for you, you have to be petitioned as well

 

you have to be petitioned with her, she will have her interview here, then they send the file to your country and you would have your interview in your country, but you have to be under her petition, you have to be petitioned as well

 

since you aren't under her petition, she has to file a new petition once she get's her GC she can file for you, but you will already be 21

 

 

Oh so that's the difference I read about family preference vs immediate relative. So are you saying I should go to the U.S. to adjust status along with her or that she can file a 485 but include me so I can file too abroad through consular processing?

[aleful 1,905]

hi

 

no, you don't understand, you don't qualify

 

first of all it is fraud to come to the US with the intent to adjust status

 

secondly, your stepdad doesn't qualify to apply for you, he can't file an i130 for you, because he had to marry your mom before you were 18 and she just married him and you are 20 years old

 

there is nothing you can do until your mom becomes a resident and files for you, and by that time you will be 21, and it will take over 6 years of waiting

 

 

[Hypnos 6,576]

As stated, you have no path to permanent residency right now, and won't for several years. 

[Boiler 45,662]

15 hours ago, lucasbarrios123 said:

She got married, she is filling her 485 with the help of a friend of hers which is a notary public and knows about all that stuff. She's adjusting status because she doesn't want to come back anywhere near my dad (they got recently divorced ~2 months).

She probably will not get her GC for another year.

 

A Notary Public is someone who witnesses the signing of documents, has no legal standing.

 

Once she has her GC and assuming you are and remain single she can file for you.