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Posted

I am applying as an unmarried child of a lawful permanent resident (F2A), I am now older than 21 but I’ve been assured that I still qualify under CSPA. I still can’t wrap my head around it and wanted more clarification so I was hoping someone who knows more than me could clear somethings up for me. From what I understand CSPA requires the applicant to “seek” to acquire within one year of a visa being available. I have two questions regarding this:

1. Is the visa available for “sought to acquire” when it’s current on filing date chart or final action date chart?


2. Within one year of my visa being current on the filing date (as well as final action date), I ill advisedly applied for a I-485 adjustment of status. Unfortunately, I was denied after the interview because I did not have status at the time of the filing. So I left the US and started consular processing immediately (within 1 year of my final action date being current, but over 1 year of my filing date being current). Technically, I “sought to acquire” within the one year but that application didn’t work out and I needed to start consular processing (I-824) more than one year after my date was current on the filing date chart. Even though my I-485 application was denied, would that still satisfy the “sought to acquire” requirement? If the answer to question 1 is the final action date, then my I-824 would qualify. 
 

Thanks so much to anyone who takes their time out of their day to help me out. God bless.

Posted
Just now, NigeriaorBust said:

 You say you didn't have status when you tried the AOS route.  What method did you use to enter the states?  Is there any overstay you have ? 

I was taken to the US as a child and overstayed a visa. I left the US before turning 18 and 1/2 to not accrue any unlawful status. 

Posted

According to some quick reading ( random attorney web), USCIS policy manual updated to show they treat Filing Date Chart for I-485 as the sought to acquire point that meet the one year .


You should argue exceptional circumstances and include I-824 filing as additional evidence of sought to acquire. 
 

On a side note, I personally know of a person w your EXACT facts ( entry, age and child of LPR) whose AOS was incredibly granted. 

 
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