CSPA and DS5535 (split)

[SPP1969 5]

On 5/20/2023 at 4:18 PM, From_CAN_2_US said:

My initial reaction when reading OPs post was the same - that the giideline

 

https://bizlegalservices.com/2023/02/17/recently-revised-cspa-policy-impact-on-consular-processing-cases/#:~:text=Applicability to Consular Processing&text=Generally speaking%2C CSPA provides a,eligible for derivative permanent residence.

 

 

“As confirmed in the USCIS Policy Manual, CSPA applies to “both noncitizens abroad who are applying for an immigrant visa through the Department of State (DOS) and noncitizens physically present in the United States who are applying for adjustment of status through USCIS.” While Chapter 7 of the Policy Manual primarily focuses on the impact of CSPA on adjustment applicants, USCIS emphasizes that the “same principles generally apply to noncitizens seeking an immigrant visa through DOS.””

The same rules of AOS applies to consular processing as well.

Would love to hear an update from @SPP1969 about what they learned from Hacking Immigration. I imagine it might take a few days for the lawyer to get back to them.

Okay, I just got off the phone with a lawyer from the Hacking Immigration law firm.  He confirmed that my daughter's age is frozen at the date the I-130 was filed which was several weeks before her 21st birthday so she is eligible for her visa and can be included in a Mandamus suit.  He even took the time to confer with another lawyer and his online resources just to make sure.  I did not share with him who the first law firm I spoke to (the one that told me my daughter had aged out) but he literally said, "whoever told you that doesn't know what they are talking about."  Be careful who you hire.

[From_CAN_2_US 1,106]

2 hours ago, SPP1969 said:

Okay, I just got off the phone with a lawyer from the Hacking Immigration law firm.  He confirmed that my daughter's age is frozen at the date the I-130 was filed which was several weeks before her 21st birthday so she is eligible for her visa and can be included in a Mandamus suit.  He even took the time to confer with another lawyer and his online resources just to make sure.  I did not share with him who the first law firm I spoke to (the one that told me my daughter had aged out) but he literally said, "whoever told you that doesn't know what they are talking about."  Be careful who you hire.

Thanks for the update.

 

Happy that this reached a happy conclusion. Hope the mandamus works quickly and your visa and that of your daughter gets issued soon.

[SPP1969 5]

54 minutes ago, From_CAN_2_US said:

Thanks for the update.

 

Happy that this reached a happy conclusion. Hope the mandamus works quickly and your visa and that of your daughter gets issued soon.

Thank you!