Did wait times change?

Hi, in 1997 my uncle applied on behalf of my mother, his sister. Ins told us that it would be 10 years well in 2001 they told us 3 additional years were added to our wait time but this year we were told that they sped up the process.so does any one know if this is true? im also 21 and don't know if i still qualify since i was 11 when the paper work was done. please this could be my last hope.

Where are you from? The wait time depends on the country.

Zapatista,


Even if you age out, you still have other alternatives as in A)sponsorship through an employment under the EB1/EB2 category or 2)marriage.

I believe your uncle petitioned for your aunt under 245i. What is your country of origin and what is the priority date?

I aged out at 21 last summer, so I can no longer get a visa along with my mom because of that.

I am from Mexico, so that means i do not qualify any longer under my mom's petition, even if i was under age when the paper work was done? dude that fucking sucks. Apart from that Ins is now making it impossible for employers to sponsor their workers. It use to be that any unskilled worker could get through but now you gotta be a professional and even then they still give you hell.

Correct. If you check the visa bulletin, Under the f-4 category, the current priority date is 11-1-94, which means that if your uncle submitted the petition in 97, you got approximately 2-3 more years. Once your mom's date becomes current, she can then begin to process to become a permanent resident. You would not qualify since you'd be over 21. However, it is possible to get a really good lawyer like Carl Shusterman and take this to court as your last res

"Apart from that Ins is now making it impossible for employers to sponsor their workers. It use to be that any unskilled worker could get through but now you gotta be a professional and even then they still give you hell."

It's not so much that they give you hell, but even if it were just for unskilled workers, the process is long and tedious. First, they have to make sure that you would not be displacing an American worker, so you have to obtain an approved labor certification petition. You also should have a committed employer who'd be willing to go to through the process, which is long... would take about a year. It's just standard procedures.

Are you in college?

not sure of the details but wouldn't the CPS Act apply here?

yes i am in Florida where there is no instate tuition it sucks

According to Shusterman, it should, but it needs to be taken to court.



http://www.shusterman.com/apr07.html#7

I'm in this same boat, I'm now 21, and my aunt petitioned for my mom and us in 1999, but on the bright side, if you do start a process of legalization, you don't have to go back to your origin country for the 10 year ban or anything, because you are grandfathered under the 245i,
like getting married or something ( :

The 2002 CSPA law is always challenged by the USCIS when it is brought to bear on immigrant petitions filed before 2002. One of the legal arguments is that CSPA doesn't retrospectively benefit earlier immigrant petitions because that would be unconstitutional under the ex post facto clause of Article I, Section 9 of the Constitution.

Consequently, the immigration matter has to be decided by Federal Courts which usually end up benefiting the immigrant. The Courts revert back to Justice Chase's decision in Calder v. Bull case of 1798, where he outlined four classes of laws that are unconstitutional on the grounds of ex post facto.