CSPA benificiary Age Out: need advise or help figure what will happens on my case
 

please give me idea what to expect on my case guys, percentage of success rate and percentage of denied rate please

im 30yrs old now and single, my story is i came here in US as tourist in 2006 and stayed and work here unlawfully until now,but paid my taxes tru iTIN.

my mom was been petitioned by my aunt by i130 F4 her priority date was 1989, she got her interview last feb 14 2012. she went here in US july 4 2012 and got her green card,.

we went to a lawyer to ask my case about the CSPA last dec 2012 he said until we dont know about the supreme court decision on de osorio, if you file your case it would be on pending,

i told the lawyer that even if its on pending, is there a way i can obtain a EAD tru CSPA, so i wont be afraid to work anymore and drive unlawfully, all i want right now is to have work authorization and drive without fear cause my mom doesnt know how to drive, she is having anxiety attack if she tries to learn driving. eversince she is afraid and really nervous behind the wheel. i drive in the philippines since i was 11yrs old driving for her doing errands and everything. i dont know how my dad got me a student permit when i was only 11yrs old. anyways thats the scenario right now, and oh yeah i drive here in CA now with foriegn license and i have a car insurance, before i obtain a CA DL but cant renew it after it expired

my case is

dec 2012 he said i will get an EAD tru CSPA "but i still dont know if its true" so we filed my i130 a2b con currently filed 485(245i) retention of LPR mother to son

jan 5 2013

797c recieved action notice from MSC of $420 for i130

jan 6 2013

797c recieved action notice from MSC of $2000+ for AOS and biometrics 485

jan 10 2013

797c recieved action notice from USCIS for ACS biometrics appointment for i130 and 485 currently filed

feb 2013 "1st week"

will be my biometrics appointment

after that would be the judgement on my filed case

could you guys please give me a idea what to expect after my biometrics please give me percentage of success on case on both 130 and 485 and EAD

and percentage rate of denied on those case i filed

example
50/50% success on i130
30% success on 485
60% chance to get EAD

thanks so much

Re: need advise or help figure what will happens on my case
 

i really have no idea but with what Obama is purposing either way you'll be legal pretty soon! with the help of god! :) best of luck!

Re: need advise or help figure what will happens on my case
 

i dont want to expect or rely on the immigration reform itself, i got better luck i think on this cspa than mr president an the senate doing this and that, who accomplish this and that, and if im not mistaken what i read for the speech of mr president and the announcement of the republicans on last monday and tuesday, they are not getting along and might be a road block or immigration reform again, hope not

Re: need advise or help figure what will happens on my case
 

I don't think this is the correct forum to be asking this question in. I doubt many people know what you're talking about.

Re: need advise or help figure what will happens on my case
 

Uhh you absolutely do not qualify under CSPA. CSPA is a law that "locks" your age on the date that your US citizen parent files an I-130 for you. If they are not a US citizen, then your age becomes locked when they do become a US citizen. Therefore if she was only approved for a greencard in 2013, it'll be 2018 when she's a USC. At that time you will be 35 years old.

Unfortunately at 35 years old you do not fall into the "immediate relative" category. As a result, your accrued illegal presence makes it so that you cannot adjust status while in the US (no I-485 for you).

So.... what you're looking at is:

Your I-130 will be approved 100% -- well, whenever the priority date for your country is.
Your I-485 will not be approved under any circumstance (0% chance under current law).
Unless you are detained by immigration and then subsequently let you go for some reason, you have no avenue to obtain an EAD .

I'm so sorry that you wasted so much money on a shitty lawyer and filing expensive immigration petitions that will lead to nowhere.

Re: need advise or help figure what will happens on my case
 

dream act y not to be rude but i think you need to read the latest news about child status protection act case that is now on appeal by DOJ to the supreme court to have a reverse decision,..

on sept 26 2012 on an en banc case file by nationwide top attorneys in the US "one of them is my attorney right now" the 9th circuit and i believe if im correct the 5th circuit ruled of derrivative childrens retains the parents priority date under child status protection act,.. which they say USCIS is mistakenly implemented CSPA the wrong way,..

examples on the cases is why LPR when becomes US citizen the i130 filed for their children under category F1gets greencard right away,.

if they aged out they automatically go to the other line as F2b but retains the priority date,

that is also for an F2b been filed then when the child got marry they automatically go to f3 category and retains the priority date of their parents even their childs spouse not even on the original petition gets the priority date and the children of that child that got marry if her children is under 21,..

but for LPR filed a i130 the F2a child when get age out they dont retain their priority date and goes back to the end of the line of the F2b category which the 9th circuit and 5th circuit clearly rules that it should also be retain,..

which our lovely government the USCIS appealed it at the supreme court by writting a writ of certiorari to reverse the ruling of the lower courtlast Jan 25 2013...

clearly if the government wants to have a immigration reform why is it even the CSPA law they dont want to implement it right and even ask the supreme court for a reversal decision,.. and if you read the writ of certiorari that was been submitted this Jan 25 2013 by DOJ to the supreme court, you will ask yourself why do they put road blocks like this for uniting families,..

read the last pages of the writ of certiorari and you will find the answers,..

USCIS clearly say there if the supreme court didnt accept their writ of certiorari their agency will gonna be having lots of problems for future backlogs of seeking this CSPA,..

so on those last pages clearly they are admitting that retention for priority date for derrivative benificieries are the correct interpretation of that law but if they implement those laws and rules, USCIS agencies will need to do their jobs correctly,..

its not the supreme court's decision to accept that writ just based on the USCIS future problem they will face for their mistake implementing CSPA, but its just plain inhuman to accept that writ and denied children to be reunited with their parents

if you think its unfair for others waiting in line to have their greencard, for others someone like me a benificiary of CSPA to cut in front of them. think about our situation too we already waited in line with our parents petition to them then when we aged out we need to go back at the back of the line and fall in line again,.. making us wait in line double the time,.. and only for the family category F2b of an LPR is having that wrongful law implementation of the CSPA act of 2002,...

what about those who are on a F2a category when their parents naturalized they freeze their aged and even give them option if they want to go to F2b categor if they aged out "called OPT OUT" let them pick for themselves which route is faster for them and still retain the priority date,.. and jump on others that was on the line just for them to have easier route, dont you think thats much unfair?

read the blog of a lawyer named carl shusterman some of what i posted here was some parts i read on his site

what im asking here is someone with the same experience or case or knowledge on this,.. so please if anybody could share their own experience thanks

Re: need advise or help figure what will happens on my case
 

As one of the persons involved in the litigation (I filed an amicus in the Ninth on behalf of dreamers and my law firm is probably going to be involved at the SCOTUS level if it grants cert), you should be good to go on the EAD. I, myself, got an EAD through I-485 filing under CSPA more than two years ago. However, USCIS is likely to hold your I-485 in abeyance or outright reject it. The chances of getting referred to court are very low given the new USCIS NTA rules.

I was NTA-ed and ended up in removal proceedings where i simply renewed my I-485 application. IJ scheduled a green card hearing for me in two weeks, alas, the appeal to SCOTUS means we need to reschedule that. I continue to have work authorization though, so I'm not concerned. In a few short months, I'll be an attorney.

Of course none of this constitutes legal advice and you should consult with your attorney.

Re: need advise or help figure what will happens on my case
 

It's nearly impossible for me to understand what you're typing -- I'm sorry.

Anyway, I believe part of the new CSPA ruling is that you need to be here legally.

Re: need advise or help figure what will happens on my case
 

MAGraduate tnx for the info

texasdreamy if CSPA allows retention i will be able to get the 245i as well. it means by paying a penalty fee in amount $1985 plus $85 for biometrics, my overstay will be forgiven and get my AoS

Re: need advise or help figure what will happens on my case
 

followup on my CSPA case

2/7/13 fingerprint appointment recieve
2/15/13 fingerprint done

4/14/13 USCIS inrerview schedule recieved
4/18/13 WORK AUTHORIZATION CARD recieved
"YAHOOOOO!! :-) "
4/19/13 applied social security card

5/15/13 USCIS interview "also birthday" hope they give me the best gift that day