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#6
07-09-2014, 12:46 PM
Senior Member
Joined in Jun 2014
130 posts
foreverblessed28
Quote:
Originally Posted by Demise View Post
First of all: Write proper English, none of us really want to go translating whatever was said here to English. Use periods, commas, and space this thing out. I know schools tell you to write 8+ sentences in a paragraph, in all reality, one idea = one paragraph.

Second of all, being sponsored on or before January 14th 1998 puts you under the old 245(i), where you are eligible to adjust status, and do not need to prove physical presence in US. You meet this requirement.

Since your application was approved before CSPA came into effect you're not eligible for this protection, and even if - in order to remain eligible it'd need to be pending for longer than you've been over 21 on the day your priority date becomes current. (ex. you're 23 years 2 months and 2 days old the application must've been pending for at least 2 years 2 months and 3 days). Another part is that if the parent naturalizes - your CSPA age becomes the day that naturalization took place, so it would not help you at all.

So what happens now?

Your old sponsorship application is still valid, it's not considered abandoned because there's nothing to carry on with due to the backlog, when your old priority date in 1995 will become current* , you will file for adjustment of status under 245(i). You will send the complete adjustment packet, and attach form I-485 supplement A (on which you will check box 1a, mark whatever inadmissibilities to US in part 2). There is a an extra $1000 penalty for adjustment under 245(i).

* - (F2B if your mother hasn't naturalized by then, or F1 or F2B if she has, both F1 and F2B are roughly at the same priority date, you get to pick under CSPA's other provision)

You will be allowed to adjust status in US under 245(i), and you have about 1-1.5 years of waiting before you're able to do so.

The above assumes that you're from Mexico. If you're not then your priority date already passed and you're eligible to file for adjustment.

sorry lol. Just to lazy to do all that essay crap ..lol And well like I said I have been here since I was a week old , Therefore Ive been to pre -K all the way to the end of H.S
soooo in other words and simple words I can adjust still before I turn 21 this January..? What do u mean if im from Mexico? what does that have to do with my priority date? Why wouldnt it already passed if its been over 19 yrs
Last edited by foreverblessed28; 07-09-2014 at 12:57 PM..
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