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30 yo daughter waiting since 1994
- Thread starter ERE
- Start date
TheRealCanadian
Volunteer Moderator
My daughter (30 years old) is been in the US since 8/2/97. Her priority date is 8/15/1994. Does she qualify for any programs to get a temporary permit now? I am a permanent resident.
Is her I-130 approved?
TheRealCanadian
Volunteer Moderator
Whether approved or not, the answer is the same.
?????
If her I-130 is approved, then it's likely the PD is current and she can file an I-485. What on earth are you talking about, Ravesky?
I suspect the petition has been approved long ago (it is very unlikely it was not approved since 1994).
I also suspect she is out of status or her priority date is not current, and that is why and cannot submit I-485.
Most likely, her priority date is not current. She might me able to do CP if her priority date is current provided she was not unlawfully present.
In case she i
I also suspect she is out of status or her priority date is not current, and that is why and cannot submit I-485.
Most likely, her priority date is not current. She might me able to do CP if her priority date is current provided she was not unlawfully present.
In case she i
My daughter (30 years old) is been in the US since 8/2/97. Her priority date is 8/15/1994. Does she qualify for any programs to get a temporary permit now? I am a permanent resident.
Thank you for your help. She is desperate.
Maybe you want to look into C.S.P.A, consult an immigration attorney to see whether or not she is eligible under section 203(h)(3) of C.S.P.A Some people have had success with this. It also all depends on how you became a LPR and how your daughter entered in the US.
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Most likely CSPA does not apply to her. Her petition was most likely to have been approved much earlier than CSPA was signed into law.
Like I said it will all depend on how the parent became a LPR, C.S.P.A. section 203(h)(3) "Retention of Priority Date", "automatic conversion from F4---> F2B"
But then it all depends on how the primary (parent) became LPR. It's a law that is still not clear. Do a research on this.
Most likely, the petition was approved before August 6, 2002.-- First, determine whether the CSPA applies. Under the
revised guidance, the CSPA may apply to any case involving
a petition approved on or after August 6, 2002. The CSPA
may also apply to certain cases involving petitions
approved before August 6, 2002, but only if either:
(a) the alien aged out on or after August 6, 2002, or
(b) the alien aged out before that date but had applied
for a visa before aging out and was refused under 221(g).
If the petition was approved before August 6, 2002 and the
alien aged out before that date and failed to apply before
aging out (or applied after aging out and was denied on
that basis), then the CSPA would not apply. If the alien
applied before August 6, 2002 and was refused on any
ground other than 221(g), the case must be submitted for
an advisory opinion.
Also, the beneficiary clearly aged out before August 6, 2002.
And most likely, she did not apply for a visa before August 2002, and obviousely was not refused a visa (otherwise, that would be mentioned by OP)
That combination of conditions makes her ineligible for CSPA.
TheRealCanadian
Volunteer Moderator
I also suspect she is out of status or her priority date is not current, and that is why and cannot submit I-485.
The priority date is almost certainly current, unless she is Mexican, and being out of status doesn't matter in her case. She clearly is eligible for 245i relief.
And I think she is in fact a Mexican. That is why she has not submitted I-485 yet.The priority date is almost certainly current, unless she is Mexican,
Yes, that is true.and being out of status doesn't matter in her case. She clearly is eligible for 245i relief