I'm looking for a bit of hope! I'm brand new to the world of immigration, so pardon any jargon misuse.
My boyfriend applied for residency before he was 21 (I think he was 17), and at that time his parents had received permanent residency in the U.S.; therefore, he fell under the Child Status Protection Act. When he was 22, he finally received an answer; he was denied twice, but the reasons given for the denial were not true ( DENIAL #1: they're claiming he had been incarcerated for possession- never happened, and there are records to prove it. DENIAL #2: they said it was because he's "nigerian"... he's mexican). We don't know who's fault this all was (his former lawyer's, someone who handled the paperwork...). but now he's over 21, and if he re-applied, he wouldn't fall under the CSPA.
Shouldn't it still be possible for him to use his child status, though, since he was denied under false claims, and the mistake was the Immigration official's/Lawyer's ??? His new lawyer doesn't think we seem to have a case. I feel like this could arguably be a form of discrimination (Let's deny these immigrants under false circumstance while they meet the requirements, and then wait until they no longer meet the requirements to let them reapply so we can deny them again).
Thanks in advance for any advice, and good luck to everyone else out there trying to navigate this ridiculous system!
Residency under CSPA denied under false claims
in Bringing Family Members of Permanent Residents to America
Posted
Hello everyone-
I'm looking for a bit of hope! I'm brand new to the world of immigration, so pardon any jargon misuse.
My boyfriend applied for residency before he was 21 (I think he was 17), and at that time his parents had received permanent residency in the U.S.; therefore, he fell under the Child Status Protection Act. When he was 22, he finally received an answer; he was denied twice, but the reasons given for the denial were not true ( DENIAL #1: they're claiming he had been incarcerated for possession- never happened, and there are records to prove it. DENIAL #2: they said it was because he's "nigerian"... he's mexican). We don't know who's fault this all was (his former lawyer's, someone who handled the paperwork...). but now he's over 21, and if he re-applied, he wouldn't fall under the CSPA.
Shouldn't it still be possible for him to use his child status, though, since he was denied under false claims, and the mistake was the Immigration official's/Lawyer's ??? His new lawyer doesn't think we seem to have a case. I feel like this could arguably be a form of discrimination (Let's deny these immigrants under false circumstance while they meet the requirements, and then wait until they no longer meet the requirements to let them reapply so we can deny them again).
Thanks in advance for any advice, and good luck to everyone else out there trying to navigate this ridiculous system!