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#5
01-30-2013, 08:01 PM
Senior Member
Joined in Nov 2010
1,675 posts
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.
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Renewal 3: Card: Jun/19
Awaiting GC/USC...
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