Case Abandoned - AOS Denied

[RICARDO4EVA2 194]

15 hours ago, Hypnos said:

Unfortunately they're now no longer eligible to file for AoS as an immediate relative (child under 21). They would need to wait around five years to seek a green card under either the F1 preference (if the I-130 was filed by a US citizen parent), or F2B (if filed by an LPR parent--and would also need to remain unmarried under this category)--or substantially greater than five years if they're from either Mexico or the Philippines.

 

This was an entirely avoidable situation, and they will now pay the price for this basic error.

That is no Good!!!
  Will she still be able to Adjust Status in the USA from her Differed Action status?

 

 

Thank you

[RICARDO4EVA2 194]

15 hours ago, NigeriaorBust said:

  USCIS wants a physical address ( I guess in case they want to do a home visit )  I think trying to revive the old petition is not going to work because the address issue was their fault not USCIS.    The I 130 is still good . Was it filed by the USC ?  If so the age froze on filing.    It is the I485 that may need to be refiled.  

  If the petition (Form I-130, Petition for Alien Relative) was filed by a U.S. citizen parent for his or her child, the beneficiary’s age “freezes” on the date of filing.

 I am getting many different information about retaining previous filing status. 

The petition was filed by the US Citizen (step father) 

[RICARDO4EVA2 194]

10 hours ago, NikLR said:

No basis for appeal.  Government didnt screw up. Waste of money and refiling isnt possible. 

Refiling is always possible as  I know. What do you mean when you say that..?

 

Thank you!

[RICARDO4EVA2 194]

8 hours ago, Transborderwife said:

She cannot AOS in country 

Oh man.. This will not be good!!!!!!

[RICARDO4EVA2 194]

5 hours ago, Jojo92122 said:

CSPA applies.

 

What basis do you have to believe that it doesn't apply to an AOS from a tourist visa?  How is this different from a beneficiary who gets an immigration visa at age 22 as the IR of a USC when the I-130 filed before age 21 and CSPA froze the beneficiary's age at below 21?  The person doesn't qualify for AOS but is good for an immigrant visa?  

JoJo... can she adjust status in the USA if she had to refile..? This is important

[NigeriaorBust 4,087]

32 minutes ago, RICARDO4EVA2 said:

 I am getting many different information about retaining previous filing status. 

The petition was filed by the US Citizen (step father) 

  CPSA freezes the age for an immediate relative of a USC  at the time of filing.  So unless something has gone completely wrong the I130 was filed before she was 21 correct ???   It is children of LPR's  or derivative beneficiaries that can age out NOT under 21 children of USC's once the petition is accepted . 

[RICARDO4EVA2 194]

1 hour ago, NigeriaorBust said:

  CPSA freezes the age for an immediate relative of a USC  at the time of filing.  So unless something has gone completely wrong the I130 was filed before she was 21 correct ???   It is children of LPR's  or derivative beneficiaries that can age out NOT under 21 children of USC's once the petition is accepted . 

yes and thank you!

[NikLR 13,227]

1 hour ago, NigeriaorBust said:

  CPSA freezes the age for an immediate relative of a USC  at the time of filing.  So unless something has gone completely wrong the I130 was filed before she was 21 correct ???   It is children of LPR's  or derivative beneficiaries that can age out NOT under 21 children of USC's once the petition is accepted . 

The AOS was denied.  They'd need a new I-130 because with the I-485 being denied the I-130 will also be denied I believe?  I could be wrong though and I hope for the OP that I am. 

[Jojo92122 1,924]

1 hour ago, NikLR said:

The AOS was denied.  They'd need a new I-130 because with the I-485 being denied the I-130 will also be denied I believe?  I could be wrong though and I hope for the OP that I am. 

The I-130 establishes a prima facie familial relationship allowing a person to adjust or apply for a visa.  It does not retroactively get denied if the I-485 is denied.  OP does not need a new I-130.

 

However, OP might want to consult a qualified attorney since he has now disclosed that this is a DACA case.  

[NigeriaorBust 4,087]

1 hour ago, NikLR said:

The AOS was denied.  They'd need a new I-130 because with the I-485 being denied the I-130 will also be denied I believe?  I could be wrong though and I hope for the OP that I am. 

   Why would the I130 be denied ?   It was approved just recently.  It would be like an LPR filing an I130 and mistakenly filing an I485.  The 485 gets denied but the I130 lives.   If they could file the I485 ( not sure about DACA and such )  and it was denied,  they can still refile again . 

[geowrian 22,337]

I'm a bit hesitant to jump in here, but...

 

Am I missing something here? The OP's PD was May 6th, 2016. CSPA can still cover the then-child assuming she files before 5/6/2017. After that 1 year period, the "seek to acquire permanent residence" requirement would not longer be met, and her age will not be frozen.

[Hypnos 6,576]

39 minutes ago, geowrian said:

I'm a bit hesitant to jump in here, but...

 

Am I missing something here? The OP's PD was May 6th, 2016. CSPA can still cover the then-child assuming she files before 5/6/2017. After that 1 year period, the "seek to acquire permanent residence" requirement would not longer be met, and her age will not be frozen.

Re-reading it, I think you're right. 

 

OP's friend would have to have their I-485 filed and accepted by USCIS by 6th May, 2017. After that date it will be a five year wait, as I mentioned above. 

Edited April 27, 2017 by Hypnos

[RICARDO4EVA2 194]

5 hours ago, Hypnos said:

Re-reading it, I think you're right. 

 

OP's friend would have to have their I-485 filed and accepted by USCIS by 6th May, 2017. After that date it will be a five year wait, as I mentioned above. 

will check it with an attorney too 

[NikLR 13,227]

Hey learn something new! Sorry OP!!  Check on the refile.  Best of luck.