Error on I-130 and Age-Out Question

J

JWG

New Member
I'm new to the forum in general - am looking for some guidance on tackling a situation a friend of mine faces:

She (daughter) entered US as a 6-month old w/parents, now divorced

Parents both naturalized

In 2001, Mom (as USC) filed I-130 (daughter was then 17) & she received her approval notice in 2001

They took no action on the approval notice for 5 years (confusion, money issues, etc)

Daughter turned 21 in 2005. She is finally trying to complete adjustment of status.

I looked at the approval notice, and saw it was wrongly approved as petition for Married son/daughter of USC. We don't know if this is a typo, error in her file, or error in the application. I assume the worst, that it was the latter; we are trying to get a copy from her lawyer.

Questions:

How to go about fixing a problem on an I-130?
I believe that she would be in the category of retroactive protection under the Child Status Protection Act IF the I-130 had been properly filed - any chance she can maintain this status if we have to fix the improper I-130 and approval notice?
Is there a problem b/c she's had the approval notice for 5 years and not filed the I-485??

Thank you!!!
 
It is my understanding that the I-130 is valid if the relationship through it was approved still exist, but I am not sure. The issue here is that first, you must try to get correct the base in what the petition was approved, because it was as a child of a US citizen. Your mother is the one who must ask to get corrected because even the petition is on your behalf is your mother's petition not yours.

I think the best thing to do is that your mother must get an INFOPASS and get all the paperwork with her and see what can be done or from where she must start.

There is no "caterogy of retroactive" under the CSPA. It took effect on 2002 and over the cases that were pending by that time and forward. Your petition was approved on 2001 not pending.

Good luck,
 
JWG said:
She (daughter) entered US as a 6-month old w/parents, now divorced

Parents both naturalized
Click to expand...

I may be wrong, but, I thought that when the parents naturalize, thier minor children get citizenship automatically. That's what happened to my sister's children.
How old was the dughter when the parents naturalized?
Why did the mother even need to file an I-130?
 
Your are not entirely wrong...if the daughter meets the requirements:

December 1, 2000

The Child Citizenship Act of 2000

On October 30, 2000, President Clinton signed into law H.R. 2883, the Child Citizenship Act of 2000. The new law, Public Law 106-395, amends the Immigration and Nationality Act (INA) to permit foreign-born children—including adopted children —to acquire citizenship automatically if they meet certain requirements. It becomes effective on February 27, 2001.

To implement the new law, the Immigration and Naturalization Service (INS) is currently drafting interim regulations, which will be published in the Federal Register before the law’s effective date.

Which Children Automatically Become Citizens Under the New Law?

Beginning February 27, 2001, certain foreign-born children—including adopted children—currently residing permanently in the United States will acquire citizenship automatically. The term "child" is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption. To be eligible, a child must meet the definition of "child" for naturalization purposes under immigration law1 and must also meet the following requirements:

The child has at least one United States citizen parent (by birth or naturalization);
The child is under 18 years of age;
The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent;
The child is a lawful permanent resident;
An adopted child meets the requirements applicable to adopted children under immigration law2
Acquiring citizenship automatically means citizenship acquired by law without the need to apply for citizenship. A child who is currently under the age of 18 and has already met all of the above requirements will acquire citizenship automatically on February 27, 2001. Otherwise, a child will acquire citizenship automatically on the date the child meets all of the above requirements.

Is the Law Retroactive? Is Automatic Citizenship Provided for Those Who Are 18 Years of Age or Older?

No. The new law is not retroactive. Individuals who are 18 years of age or older on February 27, 2001, do not qualify for citizenship under Public Law 106-395, even if they meet all other criteria. If they choose to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.
 
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