CSPA and AOS abandonment

[RICARDO4EVA2 194]

Hello All, 

 

 I'm here to source some information on CSPA for a friend in need.   Her step-father, a U.S. Citizen, filed the full AOS packet and her priority date became a day before her 21st birthday.  USCIS correspondents all went to an address where they lived.  In 2017, at the time of their discovery, USCIS had already issued a letter. The notice of intent to deny letter was retrieved from the old address after the RFE timeframe. She also was outside of the timeframe in which an appeal could have been successfully filed as stated in the letter. 

 

Now,  to help her, I would like to know if anyone with experience and knowledge can give some information since she is in limbo.  She is now 22 and would like to know if her case can be reopened or appealed through higher channels.  Also, to make things clear, USCIS did not make an error in her address that would have caused a delay. We know that if she should re-file, she will be in the F1 category due to age and new application and may be ineligible to file AOS due to being out of status.                                                                                                                                                                                                                                                                                                                                                                                                                                                                   Thank you and best regards!

Edited September 14, 2018 by RICARDO4EVA2

[geowrian 22,336]

If the petition was denied and dead, then there's no way to proceed without a new petition, in which their age will not be protected by CSPA.

If the I-130 petition has not been denied (or can be successfully re-opened and approved), then they should be covered by CSPA so long as they filed before she was 21 and she seeks to acquire permanent residence within 1 year of the I-130 being approved.

 

As for what basis the I-130 can be reopened, there needs to be strong evidence that the I-130 was incorrectly denied. Given the long delay,I think proving this would be a massively uphill effort...and I'm not confident you can even appeal it this long after a denial. These processes are highly regulated by policies and law...there's not a back channel or anything, if that's what you're asking.

 

1 hour ago, RICARDO4EVA2 said:

Her step-father, a U.S. Citizen, filed the full AOS packet and her priority date became a day before her 21st birthday.

I'm confused a bit by this...the PD is immediately current for an under-21 child/stepchild of a USC. This means it is current upon filing.

[RICARDO4EVA2 194]

41 minutes ago, geowrian said:

If the petition was denied and dead, then there's no way to proceed without a new petition, in which their age will not be protected by CSPA.

If the I-130 petition has not been denied (or can be successfully re-opened and approved), then they should be covered by CSPA so long as they filed before she was 21 and she seeks to acquire permanent residence within 1 year of the I-130 being approved.

 

As for what basis the I-130 can be reopened, there needs to be strong evidence that the I-130 was incorrectly denied. Given the long delay,I think proving this would be a massively uphill effort...and I'm not confident you can even appeal it this long after a denial. These processes are highly regulated by policies and law...there's not a back channel or anything, if that's what you're asking.

 

I'm confused a bit by this...the PD is immediately current for an under-21 child/stepchild of a USC. This means it is current upon filing.

OK thanks and no the i130 was not denided