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  • Petition Through Father

    Hello, my grandfather, USC, had petitioned for my dad with a priority date of dec 2000. That priority date is now current. I have a few questions about this.

    1) my sister at the time of the priority date was under 18, she is now 24, single. Will she be able to adjust with my parents under CSPA? I have heard mixed things about this. I have heard of people from India coming via a family petition with their children who are as old as 25.

    2) We plan on filing their AOS application soon. I understand that no matter what, they will get their work permit, advance parole, etc, within 45 days. They then have to wait until thier file is processed to get their green card.

    3) They might be required to come in for an interview. This is news to me. What type of an interview would they face for a petition through your father. I had an interview with my wife to prove validity of our marriage, but can you give me details about this interview for my parents?

    4) my main things is that they get their work permit so my sister can work. if she can get that just based on the application its good news to us, so i am just trying to verify. I understand that if she is not able to adjust with my parents, we can appeal and pro-long the case, but during that time she can work using her valid work permit, and hopefully something comes up via immmigration reform, or class action law suite, that would allow her to adjust.

    Thanks in advance.

  • #2
    Hello, my grandfather, USC, had petitioned for my dad with a priority date of dec 2000. That priority date is now current. I have a few questions about this.

    1) my sister at the time of the priority date was under 18, she is now 24, single. Will she be able to adjust with my parents under CSPA? I have heard mixed things about this. I have heard of people from India coming via a family petition with their children who are as old as 25.

    2) We plan on filing their AOS application soon. I understand that no matter what, they will get their work permit, advance parole, etc, within 45 days. They then have to wait until thier file is processed to get their green card.

    3) They might be required to come in for an interview. This is news to me. What type of an interview would they face for a petition through your father. I had an interview with my wife to prove validity of our marriage, but can you give me details about this interview for my parents?

    4) my main things is that they get their work permit so my sister can work. if she can get that just based on the application its good news to us, so i am just trying to verify. I understand that if she is not able to adjust with my parents, we can appeal and pro-long the case, but during that time she can work using her valid work permit, and hopefully something comes up via immmigration reform, or class action law suite, that would allow her to adjust.

    Thanks in advance.

    Comment


    • #3
      Where are these beneficiaries? Are they in the US, if yes, what is their status, if they are abroad, you cannot adjust their status. They will have to go thru Consulate or Embassy for IV processing.

      Comment


      • #4
        your sister may get her green through cspa but it depends on how long the I-130 petition (the actual application that your grandfather filed) was pending before it got approved.

        Tell us the date the I-130 was filed and when it was approved and your sister's DOB.

        Comment


        • #5
          They are residing in the US. They are covered under the 245(i) so they will have to pay the $1000 fine.

          As for your question Mrs. Mani. I am not sure when the file was petioned, but they have a priority date of Dec. 3, 2000. And at that time my sister was under 18 years old, she was 14 or 15 at the time to be exact.

          My question about my sister and my parents getting their work permit still hasnt been answered. Will they get their work permit in 45 days of application and the rest of the adjustment follows.

          Thanks again.

          Comment


          • #6
            Sorry no adjustment for illegals in the US unless spouse or child of USC.

            Comment


            • #7
              If you are lucky, any thing is pssible with USCIS.

              Comment


              • #8
                LOL, i know anything is possible, but is them getting a work permit part of the process?

                Comment


                • #9
                  You are asking questions on this board and many of them trying to help you.
                  Why don't you answer Mrs. Mani's question....what she is asking for.....?
                  If you do not know the date of filing of I-130, and Date of birth of your sister....tell her...so she can give you some other information if any to help you....

                  Comment


                  • #10
                    i dont really know how long the application was pending. All that i know is that the priority date is Dec 2000. And at that time my sister was under 18.

                    Does that affect her getting a work permit? my understanding is that she qualifies for a temp work permit immediately upon application, but has to wait until AOS is approved to get a green card. So I want to make sure my understanding is accurate or not?

                    Thanks for your time.

                    Comment


                    • #11
                      just wanted to get this back to the top. thanks.

                      Comment


                      • #12
                        gee, antivirus

                        you need to find out when I-130 for your parents was approved. If it was in 2004 or later, your sister may have a chance. But exact dates are important.

                        It used to take 90 days for work permit (maybe it is now 45?).Forget about advance parole unless they have been in legal status all this time.

                        Comment


                        • #13
                          The receipt date is December 5, 2000. The priority date is December 4, 2000. The notice date is April 5, 2002.

                          The dates may determine whether she can adjust but my understanding is she will get a work permit unless her adjustment status is sorted out. Is this accurate?

                          Comment


                          • #14
                            Your sister is not eligible for CSPA coverage because the petition was only pending for less than 2 years (she needed it to be pending for at least 3.

                            Now, you can try putting in an adjustment of status application and work authorization application in for her (spend $1010 + $1000 penalty) but she may not even get the work permit if the officer immediately figures our she has aged out.

                            Your best hope is that CSPA litigation (now in courts) eventually allows your parents to file for her and retain the Dec. 4, 2000 priority date. Or she can fall in love and get married to a USC and she can adjust based on her 245i status.

                            Comment



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