245i/sibling petition/aging out - Page 10

Yeah I get ya, I've done a ton of research as well and its real hard to find other i245 cases.
Ive looked over the forms and whatnot and our lawyer filled everything out for us, but looking over it, it's not that difficult. If you have any questions as what to put, please ask, and ill tell you what our lawyer put and maybe you can relate to it or whatnot.

Ill most certainly update.

Hey thanks for the help Honestly I don't have any questions about the forms, as they're pretty straightforward. I'm just afraid of being denied 245i and CSPA because I'm 21 years old... =\

The worst things that could happen: getting denied, losing $2000 that were given to me as a gift for the application (aka I'll feel like crap for wasting someone's money), and being deported (obviously the worst consequence). Sometimes I wonder if the cons outweigh the pros... lol

Yea true.. you're doing through category 4 too right? sibling of a parent?

Yes. Technically my dad is the one going through the process (F4) but I'm applying as his daughter, aka derivative beneficiary.

Same with you, right?

Hi guys i have posted here before just want to update you guys on my progress. I am filing under 245I / CSPA. The petition is for my mother filed by my uncle. Our lawyer sent in both my mother and my package on October 13, check was clear on October 26, we received 2 receipt each one for work permit the other for I-485 today November 1.

Awesome, please be sure to check the "Resume" thread, everyone in there is filing like you and I.

Hi there! My dad and I sent in our paperwork in October as well. We just got done with the biometrics today! I'm sorry if I asked this before, but how old are you? What state are you in? Best of luck...

BTW I'm 22 in WA

I am 26 and i live in Connecticut, I have my biometric on the 19th. Thanks and same to you.

Does anyone know information about this part of CSPA:
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.

My father is in the process of applying, but I aged-out. From the information I could get it looks like there is a class-action lawsuit about the meaning of this and who can benefit.

Does anyone have experience with this part of CSPA? And would you need to apply within 1 year of visa becoming available to qualify or does the automatic conversion happen even in you don't submit I-485?

Hello guys, I just wanted to update on my case... As some of you remember I was applying for adjusment of status as a derivative who aged out, and the principal beneficiary was my father. We benefit from a family based petition category 4. My aunt is the citizen who petitioned for us.
After reaching our priority date in August 2010, we sent all the paperwork and including the payments, i485, medical exam and work permit application. They received everything and started processing our case in mid-september, a short time afterwards we received the notice to get our biometrics taken and then we received the employment authorization card, with that we were finally able to obtain a SS number and a driver's license.
Here comes the fun and interesting part, we received the interview letter for JAN 16, we anxiously waited and hoped that my aged out status wouldn't hurt my case. I was confident enough to memorize every single line of the CHILDREN STATUS PROTECTION ACT that explicitly said that my age was to be calculated using the date in which my priority date became current and my age at this time minus the date in which our case was approved. This formula set my age at 13, way under 21. I was ready to defend my case with all the research and knowledge I had acquired throughout this process. My lawyer and I decided to send a memo with all the paperwork demanding my right to obtain resident status under the CSPA, The day of the interview arrived; My dad, my mom, my aunt, and me went early in the morning ready to complete this final step, the waiting time was pretty short and we were called by an adjudication officer who looked calm and was a pretty nice guy, after interviewing my dad and mom, he interviewed me and asked me various questions about my school, and my parents, after i figured he was done asking questions, I proceeded to asked him about my elegibility as derivative over 21 and the CSPA, he laughed and smiled and told me that I'm pretty much a baby according to the law. I could tell at this point that they really take into consideration everything I had a right to. Since my age wasn't a problem, he then stamped all the passports and told us that the green cards would arrive in the mail in about 4 weeks. We felt great that we were approved and as I was driving back home , the same officer calls my cellphone and tells me to go back. He realized that we didn't pay the $1000.00 fine since we were applying under section 245i. As we made our way back into his office he crossed over our stamps and told us to go to Manhattan to pay the fine and he gave us another appointment 2 weeks after that day.
(We were devastated by the fact that we were almost there and we were not anymore, and the only reason we didn't pay the fine was that my lawyer wrongfully advised my parents not to pay because he had past cases in which they either did not pay or paid at the interview. I never believed this but they never thought that this was going to be an issue. We paid and returned to the immigration offices at the date the officer told us to go, unfortunately there was a huge snowstorm overnight and the offices were closed. We called and then obtained and infopass a week later and they told us that all those request for evidence appointments were rescheduled for FEB 22, a day before the interview we learned about cases around that week that were sent back and told to wait because the was retrogression on the visa bulletin, we were almost sure that this was gonna happen to us too, I thought it was the beginning of another long wait, we went to the interview and the same officer approved our case and didn't mention anything about the retrogression. After 11 years waiting, we were approved and our green card should arrive in the mail very soon.