02 May 2012 ~ 8 Comments

Call for Stories: Are You An Aged-Out Son/Daughter of a Legal Permanent Resident?

Given the Ninth Circuit has agreed to re-hear the Child Status Protection Act issue, I’m looking for actual cases of where children have aged out of a petition filed by their grandparents (F-3) or uncles/aunts (F-4), and the parents immigrated or adjusted their status to that of legal permanent residents. The adult unmarried son/daughter either got left behind in their country of origin or could not adjust status with their parents and has to wait in a long line again.

The best kind of cases would be ones where the legal immigrant parents subsequently filed a new petition on behalf of the aged-out unmarried adult son/daughter, attempting to retain the original priority date and USCIS refused, placing the adult unmarried son/daughter in deportation proceedings. But it doesn’t have to be limited to that fact-pattern. If you have a case where the parents got their green cards through their parents or siblings but their own children got left out of the process because they were over 21, please shoot me an email at prerna@dreamactivist.org ASAP.

This request is for an amicus curiae brief to be filed with the Ninth Circuit. Your name can be redacted or providing an alias is alright.

If you need more information about the Child Status Protection Act (CSPA) or need clarification of the request, feel free to shoot me an email as well so I can clarify.

  • Rahul

    This is going to happen to me.

  • Rahul

    This is going to happen to me. My CSPA age is going to be 21 yrs 4 months the day our family has been called for the interview. My mom will probably get the green card but I will be left out after a 12 year long wait! (process started in 2001)

    What do you think the possible outcome will be in De Osorio v Mayorkas in supreme court? And should my mom immediately file petition for f2b on my behalf after getting her green card or should she wait till the verdict is out?

    • Rahul, hope you have a competent immigration attorney to represent you. I can’t give advice or take cases until November. I’m pretty confident about de Osorio but you shouldn’t rely on my opinion. Also, several persons I know have been granted green cards after de Osorio who were in similar situation as you and lived under the jurisdiction of the Ninth Circuit. So you never know. Of course, success in some cases does not mean success in other cases. Just take it a day at a time. Good luck on your interview!

      • Rahul

        Thank you Prerna. Keeping my fingers crossed and I will let you know what happens in my interview. If things take a turn for the worse maybe I will consult you after November. 🙂

    • Rahul, hope you have a competent immigration attorney to represent you. I can’t give advice or take cases until November. I’m pretty confident about de Osorio but you shouldn’t rely on my opinion. Also, several persons I know have been granted green cards after de Osorio who were in similar situation as you and lived under the jurisdiction of the Ninth Circuit. So you never know. Of course, success in some cases does not mean success in other cases. Just take it a day at a time. Good luck on your interview!

      • Rahul

        Thank you Prerna. Keeping my fingers crossed and I will let you know what happens in my interview. If things take a turn for the worse maybe I will consult you after November. 🙂

    • Rahul, hope you have a competent immigration attorney to represent you. I can’t give advice or take cases until November. I’m pretty confident about de Osorio but you shouldn’t rely on my opinion. Also, several persons I know have been granted green cards after de Osorio who were in similar situation as you and lived under the jurisdiction of the Ninth Circuit. So you never know. Of course, success in some cases does not mean success in other cases. Just take it a day at a time. Good luck on your interview!

      • Rahul

        Thank you Prerna. Keeping my fingers crossed and I will let you know what happens in my interview. If things take a turn for the worse maybe I will consult you after November. 🙂

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