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samcolt20

Filed AOS under CSPA but Supreme Court overturned 9th circuit ruling

By samcolt20 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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samcolt20 Newbie

samcolt20   0

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

I came to the US in 2012 to spend time with family. I aged out when my parents migrated to the US in 2006 through my aunt's petition for my father. My parents petitioned me in 2007. Upon hearing news of 9th circuit victory of DeOsorio and co. in Sept. 2012, we filed an I485 with the help of my lawyer. My request was accepted with decision still pending but I received my EAD/AP card Feb 2013 and renewed it when it expired. Now, with Supreme court overturning the decision of 9th circuit, what do you think will happen to me? I read my somewhere that my AOS might be denied and I, be under deportation proceedings. I was wondering if anyone is in the same boat as me.

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Your I-485 will be denied and you will be placed into removal proceedings, as you indicate.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

zuluweta Proficient

zuluweta   250

Posted
Filed: Lift. Cond. (apr) Country: Philippines
 Timeline
Posted

The Supreme Court decision means you will not be allowed to adjust status as a derivative beneficiary of your parents' approved petition (as sibling of a US citizen).

Probably best that you leave the US and wait in the Philippines for your F-2B priority date to become current. Because you applied to adjust status, the US knows you are here and where you live in the US and you will be subject to removal proceedings once your I-485 is denied based on the Supreme Court ruling.

Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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