Did you age-out of relief?
 

Are your parents legal residents but you never got your papers? You may be covered by a nationwide class action lawsuit pending in the Ninth Circuit.


For several years now, we've done the hard work of keeping our politicians accountable, leaving no stone unturned in the fight for our rights. We've occupied Congress with our demands for justice, and confronted ICE on multiple occasions in multiple states. Our work has directly changed the course of the immigrant rights movement. Now we're stepping it up and taking our fight to court.


The Ninth Circuit has agreed to re-hear the Child Status Protection Act (CSPA) nationwide class action litigation, De Osorio v. Holder. This case, in small part, addresses the issue of immigrant youth who've grown up in the United States with or without papers and have parents who are legal permanent residents.
It's a complicated legal matter but the gist of it is that if your parents got their green-cards through their relatives (their parents or siblings) or an employer sponsor, but you didn't because you turned 21, there may be a chance that you can adjust your status to that of a green-card holder if the Ninth Circuit rules in our favor. The Fifth Circuit has already ruled in our favor. If we win in the Ninth Circuit, thousands of young adults will be eligible for green-cards. Hundreds of undocumented youth would no longer be subject to detention and deportation away from their own homes and families.


As such, we need your stories for an amicus brief we are filing with the Ninth Circuit next week to highlight the plight of immigrant youth across the country and tell the court that we have a vested interest in this matter.


Please reply to this email, no later than this Sunday at 11:59 pm, if you think you may qualify and are willing to share your story for this. If you have privacy concerns, you can offer your story while remaining anonymous and your name can be redacted from the record and we can also use an alias of your choice.


Prerna Lal
Co-Founder, DreamActivist
P.S. You can read more about the CSPA litigation here.


email: [email protected] with your story!

Re: Did you age-out of relief?
 

I wish those that turned 21 when their parents were undergoing the Naturalization process and as a result "aged out" of their categories and became non immediate relatives of their parents were also included in this....

Re: Did you age-out of relief?
 

It's possible you'd also get relief (I'm not sure the specifics of your situation) ... since this is about retaining priority date of original petition you were a derivative beneficiary of. The lawsuit is basically about differences in interpretation of the CSPA law. So instead of waiting in line all over again, you'd get credit for the time you waited even though you 'aged out'.

Re: Did you age-out of relief?
 

My USC sibling filed the petition for the parent, who then got the Green Card and then filed an I-130 for me which was approved but the Priority Date was still not current. The parent then started the Naturalization process and became a Citizen 2 mths after my 21st birthday, so I had to wait about a year before the Priority Date (PD) became Current as I was no longer an Immediate Relative since I had "Aged Out." Also, since I'm not covered by 245i, I am unable to Adjust even with a PD that became current a couple of years ago.

Since I wasn't a Derivative Beneficiary of a petition, as the parent could not include me on the petition filed by my sibling, I wonder whether that disqualifies me from this lawsuit, since I'm a Direct beneficiary of a parent's petition?

Re: Did you age-out of relief?
 

Hey Swim19.
i was just wondering, my parents haven't received their green card yet due to the retrogression. Now, if this court ruling be in our favor (*im praying that it does*) am i able to adjust without my parents' GC?

Re: Did you age-out of relief?
 

Hmmm...well since a direct petition from your parent has a current priority date, but you couldn't adjust because you aren't under 245i, even if you could qualify for this lawsuit, I don't see how it would help you. The point of this lawsuit is to decrease the waiting time for an over-aged son/daughter by retaining original priority date.

Re: Did you age-out of relief?
 

As far as I know, you would have to wait for your parents to get their GC. Then they would submit a new petition, but since you would retain your old priority date, the wait should be just a few months depending on the visa bulletin.

Re: Did you age-out of relief?
 

The good news is that if this Dream Act passes with the non-immigrant Visa which would lift the 3/10 ban then you get a GC right away if you don't have to cancel out the I-130 after the DA process.


What if the parent became PR and/or USC when the child was already 21 and then the I-130 was filed? Can this become immediate relatives from the aged out adult son unmarried?

Also, this would reduce the wait times then does that mean the wait times would be reduced in the F1 category which is for the adult son/daughter 21 and over unmarried?

I thought the parent that was at least a PR had to file a I-130 for her child that had not turned 21 yet to be able to be considered?

Re: Did you age-out of relief?
 

No. It seems like you still don't understand this lawsuit. This does not make anyone an immediate relative. This is about retention of priority date, not becoming an immediate relative. If a parent sent in initial petition to become PR before child turned 21 than yes, if the petition was submitted after then no.

Again you don't seem to understand the point of the lawsuit. It reduces wait times only because of retention of priority date of original petition. So answer to your question is no.

Re: Did you age-out of relief?
 

Thanks for explaining the lawsuit, I understand it better now, I kinda figured that it didn't pertain to my specific case, but it was worth asking at least. All the best to those that qualify.