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DAP Forums > DREAM Act > The Lounge

CSPA Victory on Age-outs! - Page 3

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#21
09-28-2012, 08:15 PM
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Quote:
Originally Posted by NotAPro View Post
I finally have some time to go over it, and from where I am reading it the 9th Circuit agreed with the 'Intent of Congress' to benefit all 'aged-out' applicants. It appears that all family based applicants are covered under CSPA.



From my Business and Case Law days at college, what the court argues that the Governments interpretation is that while they might be incline to believe F2 applicants are beneficiaries of CSPA F3 and F4 are not. The court disagreed and said that if they can accommodate a mechanism and a system to grant F2 aged-out applicants with CSPA benefits, they can do so to F3 and F4 applicants. Congress intent was to have CSPA benefit all family-based applications.


I'm still reading, but this is good news.
I have a 2001 priority date and aged out in 2006. And I am covered by 245i, so I am loving this.
My father just received his green card about a year ago. I suppose we just have to wait and see if the government appeals? I'm not sure what the next step would be if you aged-out... Or wait to see if USCIS publishes info on it?
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#22
10-02-2012, 03:45 AM
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Obviously, we all need to wait and see whether the USCIS appeals this decision to the Supreme Court. I hope it doesn't come to that since that could take another several years but I personally think they will appeal. As you may know, the Supreme Court is trending conservative these days and conservative justices tend to side with the government when they deal with issues that are necessarily not ideological. I hope I am wrong about this.
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#23
10-02-2012, 06:33 AM
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I don't know what this case is about, but I do have a question. I am 20 years old. My mom should be getting her green card pretty soon. Can this benefit me in any way?
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#24
10-16-2012, 02:41 AM
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Quote:
Originally Posted by cooltalker View Post
I don't know what this case is about, but I do have a question. I am 20 years old. My mom should be getting her green card pretty soon. Can this benefit me in any way?
Has anyone petitioned you at all before? There's no way to save you from aging out this late if you're already 20.
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