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#8
05-05-2012, 01:48 AM
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Joined in May 2009
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Quote:
Originally Posted by Dream becomes Reality View Post
My USC sibling filed the petition for the parent, who then got the Green Card and then filed an I-130 for me which was approved but the Priority Date was still not current. The parent then started the Naturalization process and became a Citizen 2 mths after my 21st birthday, so I had to wait about a year before the Priority Date (PD) became Current as I was no longer an Immediate Relative since I had "Aged Out." Also, since I'm not covered by 245i, I am unable to Adjust even with a PD that became current a couple of years ago.

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?
The good news is that if this Dream Act passes with the non-immigrant Visa which would lift the 3/10 ban then you get a GC right away if you don't have to cancel out the I-130 after the DA process.

Quote:
Originally Posted by Swim19 View Post
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!

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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