I-730 Help

[The.Walker]

Hi there,

there was a point raised by another gentleman on my age for I 730......

The thing is, I was 19 when my father filed for asylum , his case got recommended approval but by the time he received his full approval, I was already 21...he filed for I 730 6 months after I turned 21....and 3 months after filing, I took my biometrics...the question is, since I had already turned 21, I'm no longer eligible for asylee petition?! Thank you in advance.

 

[thankful]

Hi there,

there was a point raised by another gentleman on my age for I 730......

The thing is, I was 19 when my father filed for asylum , his case got recommended approval but by the time he received his full approval, I was already 21...he filed for I 730 6 months after I turned 21....and 3 months after filing, I took my biometrics...the question is, since I had already turned 21, I'm no longer eligible for asylee petition?! Thank you in advance.

Please give us the date on which your dad filed for asylum. Thanks.

 

[The.Walker]

Please give us the date on which your dad filed for asylum. Thanks.

2005. He got approved last year ( and I had already turned 21 then ) ... So basically, when he filed for I 730 Asylee petition, I was no longer 21..and my concern is...would i still be protected by child protection act ( considered as under 21 ) since I was 19 when he filed for asylum.... I'm really freaking out..I just made 2 calls to USCIS, one guy said that I'm no longer eligible because I'd turned 21 by the time of the filing ( I 730 ) while the other guy just told me that I'd be protected by the child protection act..but he also said that my case is going to be handled the way that my dad filed ( he sounded as if he didn't want to clarify everything ) ... Plz help me...

I've already taken biometrics..and now this!!

 

[thankful]

2005.

As long as if was filed after August 2002 then you are fine on the condition that you stay single. The law says that you will be eligible for the I-730 regardless of how old you are.

One piece of advice: you should just relax and do not torture yourself with all those "what if" questions. It is just a matter of waiting. Focus on whatever you are doing now (school or work; your life will be fine).

 

[The.Walker]

As long as if was filed after August 2002 then you are fine on the condition that you stay single. The law says that you will be eligible for the I-730 regardless of how old you are.

One piece of advice: you should just relax and do not torture yourself with all those "what if" questions. It is just a matter of waiting. Focus on whatever you are doing now (school or work; your life will be fine).

I really do appreciate your answer Thankful..but better be safe than be sorry...that's the thing...I'm a little confused and wary ( hope you understand ) ... because why'd they ask me to come for biometrics if I was no longer eligible ( 3 months after my petition was filed )....

Also, as the Child protection act says that regardless of the asylee's child's age ( as long as the child isn't 21 when the asylee filed for asylum ) the child would be continued to be treated as under 21...I wonder why would I not be eligible for I 730 then..that's all...thanks again..

 

[colocolo]

You weren't in your dad's asylum application and that's why he had to file the I-730 application for you. However, the I-730 application seems to be for child under 21 years old. Then, it will be difficult for the members in this forum to predict what will happen in your case. Let's wait for the final decision of the USCIS and keep us informed.

By the way, you better keep your F1 status, just in case.

I am not a lawyer and I may be wrong.

 

[The.Walker]

You weren't in your dad's asylum application and that's why he had to file the I-730 application for you. However, the I-730 application seems to be for child under 21 years old. Then, it will be difficult for the members in this forum to predict what will happen in your case. Let's wait for the final decision of the USCIS and keep us informed.

By the way, you better keep your F1 status, just in case.

I am not a lawyer and I may be wrong.

That's my main concern...because according to the child protection act, it says, I'd be considered to be treated as a child....so why'd it be different for I-730 ( I mean, why wouldn't I be considered as a child ) ...? Also, why'd they ask me to come for Biometrics? ( 3 months after my case was filled ) .. I'd really appreciate if any other knowledgeable folks in here came forward and state their opinions.... my situation is really complicated it appears... and needless to say..I'm very wary indeed... I'm off to work now..I'll try to get back to you after I get back later..Thank you.

 

[newcomer01]

don't worry , u are protected by CSPA. i was on the same boat as you before. got I-730 when i was 23 and now i got my GC this year without an interview. wish you good luck.

 

[The.Walker]

don't worry , u are protected by CSPA. i was on the same boat as you before. got I-730 when i was 23 and now i got my GC this year without an interview. wish you good luck.

I'm sorry to sound a little over concerned but did your father file your I-730 after you turned 21 ( and were you already 21 ) when he got his asylum status as well? Well I'm a little concerned because maybe you didn't read all my posts...I might be mistaken but maybe your father filed your I 730 before you turned 21?

And I appreciate your reply as well. Thanks a ton

Edit :

This is what I got off USCIS, In all cases, if the family member you are filing for is your child, the child must be under 21 years of age when the petition is filed and continue to be unmarried at the time of approval.


It basically means that since I wasn't under 21 when my father filed the petition, I'm no longer eligible. http://www.visapro.com/Download/Asylee-Relative-Petition-Form-Instructions.pdf

It's all over....

 

[The.Walker]

I'm sorry to sound a little over concerned but did your father file your I-730 after you turned 21 ( and were you already 21 ) when he got his asylum status as well? Well I'm a little concerned because maybe you didn't read all my posts...I might be mistaken but maybe your father filed your I 730 before you turned 21?

And I appreciate your reply as well. Thanks a ton

Edit :

This is what I got off USCIS, In all cases, if the family member you are filing for is your child, the child must be under 21 years of age when the petition is filed and continue to be unmarried at the time of approval.


It basically means that since I wasn't under 21 when my father filed the petition, I'm no longer eligible. http://www.visapro.com/Download/Asylee-Relative-Petition-Form-Instructions.pdf

It's all over....

However...This is what I found.....

As a result of this amendment to the INA, children who turn 21 years of age after an
asylum application was filed but prior to adjudication are still considered to be eligible for
derivative asylum status. The relevant date to consider in determining whether a dependent who
has turned 21 still qualifies as a “child” for purposes of eligibility for derivative status is the date
the Principal Applicant (PA) filed the Form I-589, Application for Asylum and for Withholding
of Removal. The child must be under 21 years of age on the date that his or her parent, the PA,
filed the Form I-589. There is no requirement that the child have been included as a dependent
on the PA’s asylum application at the time of filing, only that the child be included prior to the
adjudication. This means that the PA may add to his or her asylum application an unmarried son
or daughter who is 21 years of age, but who was 20 at the time the PA filed the asylum
application.
The “filing date” is defined as the date that the Immigration and Naturalization Service
(INS) receives an application. 8 CFR 103.2(a)(7). The filing date is reflected in RAPS in the
“FILED” field of the CSTA screen. This should be the same date as the receipt date stamped on
the Form I-589, upon receipt by a Service Center. However, in the event that there is a conflict
between the filing date in RAPS and the receipt date stamped on the Form I-589, the earliest date
should be used as the filing date for purposes of determining whether a dependent was under 21
years of age at the time the PA filed for asylum.

http://www.immigration.com/newsletter1/asylumchild.pdf

Am I not confused!!!?!

 

[newcomer01]

hi walker, to be exactly, my father filed i730 for me when i was 2 months over 21 becasue i was still considered a child under CSPA act. my i-730 was pending for almost 2 years before approval becasue of the uscis backlog. wish you good luck.

 

[thankful]

I really do appreciate your answer Thankful..but better be safe than be sorry...that's the thing...I'm a little confused and wary ( hope you understand ) ... because why'd they ask me to come for biometrics if I was no longer eligible ( 3 months after my petition was filed )....

Also, as the Child protection act says that regardless of the asylee's child's age ( as long as the child isn't 21 when the asylee filed for asylum ) the child would be continued to be treated as under 21...I wonder why would I not be eligible for I 730 then..that's all...thanks again..

Why are you concerned and who told you that you are not eligible? You yourself have done research on the Child Status Protection Act. So you know that you are covered by that law. So why worry and what would worrying accomplish? You were under 21 when your parents applied and you remain eligible as long as you do not marry. Do not drive yourself into an early grave with these unfounded worries. Life is too short. Enjoy it.

 

[thankful]

However...This is what I found.....

As a result of this amendment to the INA, children who turn 21 years of age after an
asylum application was filed but prior to adjudication are still considered to be eligible for
derivative asylum status. The relevant date to consider in determining whether a dependent who
has turned 21 still qualifies as a “child” for purposes of eligibility for derivative status is the date
the Principal Applicant (PA) filed the Form I-589, Application for Asylum and for Withholding
of Removal. The child must be under 21 years of age on the date that his or her parent, the PA,
filed the Form I-589. There is no requirement that the child have been included as a dependent
on the PA’s asylum application at the time of filing, only that the child be included prior to the
adjudication. This means that the PA may add to his or her asylum application an unmarried son
or daughter who is 21 years of age, but who was 20 at the time the PA filed the asylum
application.
The “filing date” is defined as the date that the Immigration and Naturalization Service
(INS) receives an application. 8 CFR 103.2(a)(7). The filing date is reflected in RAPS in the
“FILED” field of the CSTA screen. This should be the same date as the receipt date stamped on
the Form I-589, upon receipt by a Service Center. However, in the event that there is a conflict
between the filing date in RAPS and the receipt date stamped on the Form I-589, the earliest date
should be used as the filing date for purposes of determining whether a dependent was under 21
years of age at the time the PA filed for asylum.

http://www.immigration.com/newsletter1/asylumchild.pdf

Am I not confused!!!?!

There is nothing to be confused about!!! Under the law you are eligible. This has been the law of the land for over five years. Relax!!!!

 

[The.Walker]

hi walker, to be exactly, my father filed i730 for me when i was 2 months over 21 becasue i was still considered a child under CSPA act. my i-730 was pending for almost 2 years before approval becasue of the uscis backlog. wish you good luck.

Thanks for sharing the info bruv! Really appreciate it! I just wanted the confirmation...thank you!

 

[The.Walker]

Why are you concerned and who told you that you are not eligible? You yourself have done research on the Child Status Protection Act. So you know that you are covered by that law. So why worry and what would worrying accomplish? You were under 21 when your parents applied and you remain eligible as long as you do not marry. Do not drive yourself into an early grave with these unfounded worries. Life is too short. Enjoy it.

I'm thankful for your advices and truly appreciate it. I wonder why'd USCIS hire the customer service representatives who don't even have a clue about what they're talking about...the first one was a moron who told me that since my dad filed for my I-730 after I'd turned 21, I'd be no longer eligible....and the second moron told me that If my dad would've filed for my petition after I turned 21, I'd be treated like a 21 year old and had he done it before I'd turned 21, I'd have been treated like a under 21 year old..freaking moron! Thank you again....I now have 3 more semesters to go before I'd graduate from college ( 2 after the current semester ) ..so I'm guessing I'll just go and enjoy....It's been 8 months since my petition was filed ( 5 since I took the biometrics) .. I'm hopeful that the almighty will have some good news for me soon..Thank you again.

 

[thankful]

I'm thankful for your advices and truly appreciate it. I wonder why'd USCIS hire the customer service representatives who don't even have a clue about what they're talking about...the first one was a moron who told me that since my dad filed for my I-730 after I'd turned 21, I'd be no longer eligible....and the second moron told me that If my dad would've filed for my petition after I turned 21, I'd be treated like a 21 year old and had he done it before I'd turned 21, I'd have been treated like a under 21 year old..freaking moron! Thank you again....I now have 3 more semesters to go before I'd graduate from college ( 2 after the current semester ) ..so I'm guessing I'll just go and enjoy....It's been 8 months since my petition was filed ( 5 since I took the biometrics) .. I'm hopeful that the almighty will have some good news for me soon..Thank you again.

Hey listen, do not expect customer service people to give you the correct fine points of the law. It is just not realistic. They are at or near the bottom of the totem pole. They do not decide real cases and of course they do not formulate policies for the USCIS. They are trained to just answer basic queries from the general public. In a way we cannot blame the USCIS for this. If they use fully trained officers to answer general public questions then the USCIS will never finish processing its cases.

This is not just confined to the USCIS. Try this: when you call the customer service line of the IRS do you think you can rely on their answer to a moderately difficult tax law question? Do you think a Fortune 100 company would structure a major business deal after listening to an IRS customer service rep? Of course it would not. What they do is that they pay people like me a fortune to research the question for them. If we need to contat the IRS we bypass the customer service line. We reach out to the senior management and/or the general counsel's office.

My basic point is that USCIS customer service line is not a source of legal advice. They are simply not able to interpret the law for you. I always have to suppress a laughter when I read here "I just spoke to an IO on the phone and he confirmed that I can do X [x being a proxy for something that is a gray area like returning to a country of origin].

Once again CSPA covers anyone (1) whose parents applied for asylum on or after August 6, 2002; (2) they were under 21 and single at the time of the application and (3) they remain single.

 

[chang1428]

thankfull,

I think there is another cat of children who can also get benefit of the CSPA. Those children who's parents applied for asylum before August 6, 2002 but their asylum approval/grant date was after August 6, 2002. Inother words their parent's asylum application was pending on or after August 6, 2002.
Am I right?

 

[thankful]

thankfull,

I think there is another cat of children who can also get benefit of the CSPA. Those children who's parents applied for asylum before August 6, 2002 but their asylum approval/grant date was after August 6, 2002. Inother words their parent's asylum application was pending on or after August 6, 2002.
Am I right?

Yes. If something (by something I mean the I-589, the I-485 or the I-730) was pending on or after August 6 then the (unmarried) child is home free. The USCIS has interpreted the CSPA very generously (they could have interpreted it much more narrowly).

 

[chang1428]

thankfull,

Thanks. That's exactly the case with my son's I-730. He was under 21 when I filed I-589 in 1999. However, my asylum got approved in july 2005 after great fight upto circuit court of appeal reversal of IJ decision. That's why I am still hopfull of the positive decision of his I-730 which I filed after my asylum approval in jul 2005. Thanks to CSPA

Thanks