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AOS citing INA 203(h)(3) CSPA favorable interpretation

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  • AOS citing INA 203(h)(3) CSPA favorable interpretation

    It was with great hope that I read the Practice Advisory from the AILF about the "2006 Update on the Child Status Protection Act: New Administrative Interpretations." The part that interested me was the unpublished BIA decision on the Garcia case where the Board gives expansive interpretation to the term "appropriate category" in INA 203(h)(3) as applied to derivative beneficiaries. My daughter has a similar case and I have long been wanting to find age-out relief for her.

    Has any of you with a similar situation tried applying for Adjustment of Status by citing INA 203(h)(3) to obtain age-out relief under the CSPA? I would like to gather your experiences, good or bad, hopefully good. Did you get an easy approval or were you denied at first and had to put up a fight? The more responses the better, so please share your experiences for the benefit of anyone who might still be wary of treading this path.

    Your help is greatly appreciated. Thanks in advance!

  • #2
    It was with great hope that I read the Practice Advisory from the AILF about the "2006 Update on the Child Status Protection Act: New Administrative Interpretations." The part that interested me was the unpublished BIA decision on the Garcia case where the Board gives expansive interpretation to the term "appropriate category" in INA 203(h)(3) as applied to derivative beneficiaries. My daughter has a similar case and I have long been wanting to find age-out relief for her.

    Has any of you with a similar situation tried applying for Adjustment of Status by citing INA 203(h)(3) to obtain age-out relief under the CSPA? I would like to gather your experiences, good or bad, hopefully good. Did you get an easy approval or were you denied at first and had to put up a fight? The more responses the better, so please share your experiences for the benefit of anyone who might still be wary of treading this path.

    Your help is greatly appreciated. Thanks in advance!

    Comment


    • #3
      My daughter is also in the same status - I have put in a application for her but if she can retain the priority date - we are also wondering what step to take

      Comment


      • #4
        Hi

        My sons case is to be lodged with the courts by the end of the month

        You should see whats www.expatsvoice.org is doing to protect all children from aging out

        Draft legislation to amend the CSPA as it is badly written and does NOT protect all children from aging out

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by susie:
          Hi

          My sons CSPA case is to be lodged with the courts by the end of the month and will then be open for pulbic viewing

          If we win this could open the door for other children who were told they aged out or may still age out

          You should see whats www.expatsvoice.org is doing to protect all children from aging out

          Draft legislation to amend the CSPA as it is badly written and does NOT protect all children from aging out </div></BLOCKQUOTE>

          Comment


          • #6
            see this memo

            http://www.uscis.gov/files/article/C...eet_050608.pdf

            could benefit many and also sign and support
            http://www.expatsvoice.org/forum/petition.php

            Comment

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