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DAP Forums > Other Topics > Other Topics

am i eligible? - Page 2

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#11
10-28-2007, 02:41 AM
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^Yeah, you know what? I hadn't heard of that law. I asked my parents right now what their lawyer told them about me when they submitted all the information, and they told me that the lawyer just flat out said that my sisters and me didn't qualify. My mom isn't sure if they lawyer even knew about the Child Status Protection Act. We're gonna talk to the lawyer on Monday, and I'll let you know what they tell me...
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#12
10-28-2007, 10:36 AM
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From NYC
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Quote:
Originally Posted by mariob
^Yeah, you know what? I hadn't heard of that law. I asked my parents right now what their lawyer told them about me when they submitted all the information, and they told me that the lawyer just flat out said that my sisters and me didn't qualify. My mom isn't sure if they lawyer even knew about the Child Status Protection Act. We're gonna talk to the lawyer on Monday, and I'll let you know what they tell me...
I'm in exactly the same situation. When my dad applied for an adjustment of status. I was under 21. When he was approved, I turned over 21. On that basis our lawyer just said I was not qualified as a beneficiary.
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#13
10-28-2007, 02:38 PM
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shanepharm
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Well, here's what I knowabout this Child protection Act works. When your parent's file for green card through family sponsorship (I dont' know the exact name of the application but mine was the one based on the 4th category which is sponsorship through an uncle or my dad's brother) it has to get approved. We did our application in 1998 and it was approved in 2001. Now, the time it took for the application to get approved was 3 years and the date we can file for the actual green card application ( which allows us to stay here lawfully) will be current in a couple of months ( My guess is around March 200. I'll be 25 years old by then, but it took three years for the initial application to get processed. So if I subtract 3 from 25 I'm still 22 years old, which puts me over 21. Hence, I will not be able to get a green card through my uncle's sponsorship although I am a beneficiary. That's what my lawyer told me. So subtract the amount of years it took for your first application to get approved. If you're UNDER (not) 21 by this method when the visa bullentin says your application is "Current" meaning you can you adjust status then you can fill for the actual green card application. Hope that helps...Good luck.
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#14
10-28-2007, 04:50 PM
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shanepharm...thats the most simple way to do it because your case sounds pretty straightforward...In reality, the law uses a really complex formula so much so that immigration lawyers also find it really difficult to apply the law.

ilubse7en, I recommend you talk to a lawyer or an immigration advocacy group. If you're from New York, I recommend you talk to either Michael DiRaimondo or Dominick Cardinale. Michael D. is arguably one of the best immigration lawyers in NY. Also Allan Wernick, the CUNY immigration law director, is regarded as one the nation's best, right up there with Carl Shusterman.

If money is an issue, then there are many immigrant advocacy groups and community organizations offering low cost immigration advice. Use Google to look for ones in your area.
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#15
10-28-2007, 07:27 PM
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Sparklepouf
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I wish my lawyer told me this over the summer... I turned 21 at the end of August.
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#16
10-28-2007, 10:24 PM
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shanepharm
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Yea, I guess my case is straight forward...but I'm going to apply for adjustment of status even though I know I'm going to get rejected. It's worth a shot...or shooting for a lucky break. My lawyer said you just get your money back if you get denied anyways. So nothing to lose. I'd imagine most ppl here are under the 4th category. NO?
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#17
10-29-2007, 02:37 AM
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ilubse7en
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in that note, i probably won't qualify as well,
i think our first application process was around 2005, so it took us 4 years for first approval
i'm 22 now, so considering another 30 months wait, i'll bearly get it or lose it, it's sad that my sister is a lost cause,
hopefully either cir or dream happens
cause i was thinking, i have several options, wait for this, get married, wait for dream
but i know there are alot of people whose only option is dream
i get so depressed when i hear that
makes me work harder, pray harder
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#18
10-29-2007, 12:28 PM
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shanepharm
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Well, ilubse7en, like Kanye West said.....Na na na na that don't killl me, only makes me stronger, i need you hurry up now, cuz I can't wait much longer. LoL. Interestingly enough...because of this situation....I have went back to church and seeking God in my life....so I'll pray with you! Anyways, is se7en a korean singing group? Good luck.
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