Did you age-out of relief?
Are your parents legal residents but you never got your papers? You may be covered by a nationwide class action lawsuit pending in the Ninth Circuit.
For several years now, we've done the hard work of keeping our politicians accountable, leaving no stone unturned in the fight for our rights. We've occupied Congress with our demands for justice, and confronted ICE on multiple occasions in multiple states. Our work has directly changed the course of the immigrant rights movement. Now we're stepping it up and taking our fight to court. The Ninth Circuit has agreed to re-hear the Child Status Protection Act (CSPA) nationwide class action litigation, De Osorio v. Holder. This case, in small part, addresses the issue of immigrant youth who've grown up in the United States with or without papers and have parents who are legal permanent residents. It's a complicated legal matter but the gist of it is that if your parents got their green-cards through their relatives (their parents or siblings) or an employer sponsor, but you didn't because you turned 21, there may be a chance that you can adjust your status to that of a green-card holder if the Ninth Circuit rules in our favor. The Fifth Circuit has already ruled in our favor. If we win in the Ninth Circuit, thousands of young adults will be eligible for green-cards. Hundreds of undocumented youth would no longer be subject to detention and deportation away from their own homes and families. As such, we need your stories for an amicus brief we are filing with the Ninth Circuit next week to highlight the plight of immigrant youth across the country and tell the court that we have a vested interest in this matter. Please reply to this email, no later than this Sunday at 11:59 pm, if you think you may qualify and are willing to share your story for this. If you have privacy concerns, you can offer your story while remaining anonymous and your name can be redacted from the record and we can also use an alias of your choice. Prerna Lal Co-Founder, DreamActivist P.S. You can read more about the CSPA litigation here. email: [email protected] with your story! |
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I wish those that turned 21 when their parents were undergoing the Naturalization process and as a result "aged out" of their categories and became non immediate relatives of their parents were also included in this....
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Since I wasn't a Derivative Beneficiary of a petition, as the parent could not include me on the petition filed by my sibling, I wonder whether that disqualifies me from this lawsuit, since I'm a Direct beneficiary of a parent's petition? |
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Hey Swim19.
i was just wondering, my parents haven't received their green card yet due to the retrogression. Now, if this court ruling be in our favor (*im praying that it does*) am i able to adjust without my parents' GC? |
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What if the parent became PR and/or USC when the child was already 21 and then the I-130 was filed? Can this become immediate relatives from the aged out adult son unmarried? Also, this would reduce the wait times then does that mean the wait times would be reduced in the F1 category which is for the adult son/daughter 21 and over unmarried? I thought the parent that was at least a PR had to file a I-130 for her child that had not turned 21 yet to be able to be considered? |
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For example, Son files for her mother and the PD is 1/1/2012, the child turned 21 on 1/2/2012, this means the child's age would be frozen and the child qualifies under Immediate Relative? |
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My mother got her green card by marriage, but when she got hers, I was already aged out. ( I think I was like 24 or 25 which is way passed 21). Or does it have to be strictly relative sponsors or employer sponsor like you boldfaced, meaning that obtaining GC by marriage is not part of this CSPA? |
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SCENARIO: Let say, your grandparents are both U.S. citizen. They then filed a family petition for your father along side with your mother, YOU, and your little siblings. (Which is a F3. Family Third Preference = Married sons and daughters (either one of your parents) of U.S. citizens (grandparents), and their spouses and MINOR children.(YOU and your siblings that are under 21) Now as long as your under 21 year of age you're still part of that F3. However, due to the long wait for the petition to be approved. Your ass got older and hit past the age of 21. So automatically you'll be removed from that petition and wont benefit from it when the time comes for it to be approved. The CSPA, Child Status Protection Act, is a bill that supposedly protects kids who aged out. The purpose of that bill is to keep your Priority date (the date that your Grandparents filed the F3 petition for your father and family) and you can use that date when your parents,who are now Green card holders, file a I-130 petition for you (Unmarried sons and daughters). Which means your wait wouldnt be that long. Unfortunately, the USCIS got the message of the bill mixed up. They wouldn't allow these aged out kids to benefit from the CSPA bill. Thus the Lawsuit. Now if the court ruling be in our favor (im praying that it will) we will benefit from this bill and we can adjust our status quicker. This bill is so much more than what i said but I hope i explained it enough for you guys to understand. |
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So the child has to be under 21 at the priority date for the beneficiary?
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awwww ok, yeah I was already over 21. *sigh*
Thanks for the clear answers and examples, swim19 and iDream. Good luck to those who are eligible :) |
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Thanks for the rundown on the lawsuit. I am still a bit confused as to whether this would apply to me. Can you help me out?
I am an overstay My sibling became a USC and filed for both my parents and myself (I was fourth preference) My parents became permanent residents shortly after (I was still under 21) The I-130 my sibling filed for me was approved with a priority date of 2006 (I was still under 21 in 2006) My parents became USCs last month and filed a petition for me using the already approved I-130 my sibling filed in order to retain the 2006 priority date. (I am currently 23) Does the CSPA help me? |
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Since the approved I-130 has a priority date prior to my 21st birthday, and it is now going to be used as a part of my parent's petition, does CSPA apply to me? |
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This is only before the 9th district court, not SCOTUS.
How does that work for people who aren't the 9th district's jurisdiction? |
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My Priority Date never became Current (not that it'd have helped) until the parent that filed my petition started the Naturalization process. However, by the time the parent had become a US Citizen, I was 21 yrs & 2mnths old, therefore no longer an Immediate Relative (there goes the CSPA law in this case), and with no 245i coverage, I cannot Adjust my status here, and will face the 10 yr bar if I go to my home country for consular processing due to me being an Overstay. I wish they would do something about this category where US Citizen siblings file for parents so that minor siblings can also be added to such petitions, rather than waiting for the parents to get their Green Cards and then filing for the minor children separately, too many young people fall through the cracks in the process. |
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I am currently 22 years old, my parents are green card holder and petitioned me last year. According to them, its going to be a 10 year wait :( My country of origin is in the Philippines
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F2B category. Did they file after you turned 21? If yes, then Dec 08, 2001 is what they are working on. If NOT a beneficiary under 245i then a 10 year ban. Not sure if this could be waived. The Dream Act could waive the ban though and it should because you are adjusting in USA. Why is F1 category longer for Philippines when a USC mother petitions her son/daughter over 21 unmarried? |
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Immediate relatives don't have derivatives. Hence, you don't "age out" of petitions that your USC sibling files for your parents. As far as family-based visas are concerned, the lawsuit concerns those who have been aged out of F-3 and F-4 preference categories.
We wrote and filed the brief on Friday. You can read it here http://www.dreamactivist.org/ninth-c...migrant-youth/ |
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Is there a lawsuit for a child aging out as he/she turns 21 and then gets a petition?
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Is there any new updates regarding CSPA?
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Not that I know of,but considering this case even though different jurisdiction the same rules apply.
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Oral argument is on tuesday!!!
I pray that this will bring more good news!!! |
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short update about lawsuit on shusterman's site:
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