| 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. |
Thank you for your question.
Obtaining protection under the Child Status Protection Act (CSPA) requires a very precise calculation of the days you can recapture. The formula is as follows: the time the I-140 was pending is subtracted by your age at the time the priority date for your father becomes current. If you are under 21 based on this adjustment, then you should be entitled to protection from aging-out under CSPA.
You do not say when did your father's priority date become current - was it August 1, 2007? Also, when is the exact date the I-140 was approved? Based on the dates of your question, I think you are able to claim protection under CSPA, but this is a very narrow window and a precise calculation will be necessary.
Assuming the calculations turn out that your adjusted age at the time your father's priority date became current in August, then you should be able to obtain approval of your I-485. Unfortunately, there is no clear guidance from USCIS as to what happens when the priority dates retrogress subsequently. Obviously, if I-485 is denied, an appeal should be filed asking for liberal interpretation of the CSPA rules, but again, there is no clear guidance at this point as to what happens when the priority dates retrogress after they had been current.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.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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