| Q. |
Child Status Protection Act
Hello,
I have a pending I 485, filed by my dad who is on H1. My DOB is April 11, 1986. I 485 was filed on August, 8 2007 and the notice date is October 2, 2007. Basically I was over 21 when my I 485 was filed. Labor filed on June 08, 2006 and was approved on June 26, 2006. I 140 was filed on August 8, 2006 and was approved on January 2007. Would I be eligible for green card under the Child Status Protection Act. Is the current retrogession have any effect on this.If the I 485 is denied on the basis of my age can i file a case against it. Basically the main point that I want to get clear is that am I eligible for the GC and what was my age and when it was locked in according to the CSPA.
User's Location:
Baltimore, Maryland, United States of America
Category:
Employment-based Green Card
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| A. |
The CSPA says that your age is determined by your actual age on the date a visa number became available for your dad's I-140 petition, minus the amount of time the I-140 petition was pending. If the resulting age is under 21, then you remain a "child" for purposes of maintaining your eligibility as a dependent benficiary of your dad's petition.
There is a May 2008 USCIS memo that seems to confirm retrogression of visa numbers should not rob anyone of CSPA protection. It remains to be seen how that memo is implemented by adjudicators (and if they will even understand it!).
My analysis would be as follows:
Your age on the date a visa number became available (07/01/2007): 21 years, 80 days.
The amount of time the petition was pending: 147 days (mabye more, if pending into January 2007)
Therefore:
21 years, 80 days
MINUS
147 days
EQUALS
20 years, 298 days
It APPEARS that you are protected under CSPA. Now, you just need to document all of this and convince a USCIS adjudicator. Good luck. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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