Need advise on CSPA...

As some of you know, my parents have their work permits and are awaiting the interview to get their gc. In 1997, my parents first applied under 245i under the religious worker category, but that went nowhere after my dad's sponsor was moved to a new city.

At the turn of the millennium, they applied again with a new sponsor but that too seemed to have gone nowhere, or so we thought. In 2006, my parents went to a notary public recommended by their church council; she checked, and it turns out that the petition had been approved since 2003. They resumed their paperwork but by this time I was already over 21.

I've checked with a new lawyer, and today she told me that my younger sister and I actually qualified under CSPA but only had one year after my parents' visa became available to adjust under that petition. However, she said that I could actually send in a package under CSPA and get my work permit and ss but that the petition would probably be denied.

She also said she had had cases in which USCIS hadn't caught that the person was applying under that one year window and the application had been approved, other times, it hadn't.

My dilemma now is whether or not to send in the packet and hope for the best, or at least get my permit and ss. She said that if and once a petition is denied, there is no way to know how soon removal proceedings will start. Should I gamble, get my permit and hope for DA?

Isn't it ironic with all your hate for God that it's because of your dad's work as a religious worker that you are even eligible for a work permit? If the petition you are going to send in is usually denied, then don't do it. Unless you think God will give you a miracle on this one.

First of all, there is no guarantee that USCIS will begin removal proceedings on a denied petition. Rarely does the agency follow up on denied petitions and begin removal proceedings. Theoretically, denied petitions should be forwarded to ICE for investigation and enforcement but this isn't the norm. So your lawyer shouldn't claim that its a certainty that you'll be in removal proceedings if your petition is denied.

I've never heard of the one year window of eligibility under CSPA. I think your lawyer was talking about the one-year appeal window of a denied petition. Regardless, read this:

http://www.ilw.com/articles/2007,0220-wheeler.shtm

It provides some additional guidance.

I am kind of in the same boat and ... well, I'll pursue this soon.

I think the one-year appeal/eligibility thing is being challenged at the BIA by two plaintiffs. You might want to keep an eye on Shusterman's updates regarding this as well.