NSC Liason Report

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alanpero2

Registered Users (C)
Attached the minutes of last liason meeting between AILA and NSC. Some references are made to I-485 asylum applications that makes understand better what they are doing now.
It seems also that CSPA is not longer to exempt derivative asylee children from filing nunc pro tunc asylum. That is really bad.
 
Does that mean that my son who is over 21 now and still waiting for his ajustment is age-out ?
thank you, irina
 
Originally posted by Irina_C
Does that mean that my son who is over 21 now and still waiting for his ajustment is age-out ?
thank you, irina
Click to expand...

My understanding is that it should strictly apply to asylee children that turn 21 after asylum approval but before filing the I-485. However, I heard in the past that asylee children that turned 21 after I-485 was filed, were required to file the nunc pro tunc.
The CSPA seemed to be the solution to this problem, but it seems things are going to change in the future.
The nunc pro tunc should be a formality only, nothing to worry about, but one more step in the long process.
If your son turned 21 after filing I-485, you shouldnt be worried about, at least that is my understanding
 
Thank you very much for replay,
we filed I-485 in Sep 1998 that time he was 18 years old, we applyed for asylum in 1992, he was 11,5 . Now he is 23 and we still waiting ...Month ago my lawyer tolled me that he doesn't have file separate asylum application, this is why i got scared when i so your post. It is not exactly the right word "scared" i just got frastrated that we have to do something else now.
thank you, irina
 
Originally posted by Irina_C
Thank you very much for replay,
we filed I-485 in Sep 1998 that time he was 18 years old, we applyed for asylum in 1992, he was 11,5 . Now he is 23 and we still waiting ...Month ago my lawyer tolled me that he doesn't have file separate asylum application, this is why i got scared when i so your post. It is not exactly the right word "scared" i just got frastrated that we have to do something else now.
thank you, irina
Click to expand...

You dont have to do anything now, other than wait. One of my family members turned 21 after filing I-485 and got approved recently, with no objections. Just hope they will continue doing the same.
Good luck
 
Asylees are already oppressed with the existing immigration laws. It would be very unfair to impose anymore restrictions on asylees.
 
the law

Can anyone explain what does this mean?

"An unmarried alien who seeks to accompany, or follow to join, a parent granted asylum under this subsection, and who was under 21 years of age on the date on which such parent applied for asylum under this section, shall continue to be classified as a child for purposes of this paragraph and section 209(b)(3), if the alien attained 21 years of age after such application was filed but while it was pending."
 
I am turning 21 in two months.... my case is pending as of nov 1999... I am getting conflicting messages regarding nunc pro tunc.. You think I should file it myself... or wait for them to send me letter or something ?

THanks.
 
Originally posted by jaime00
I am turning 21 in two months.... my case is pending as of nov 1999... I am getting conflicting messages regarding nunc pro tunc.. You think I should file it myself... or wait for them to send me letter or something ?

THanks.
Click to expand...

When you say "my case is pending as of nov 1999" I understand you mean you filed your I-485 asylee in nov 1999, right?
If that is the case, do nothing other than wait. Most likely it will be appproved with no problems, CSPA is still protecting you.
 
Originally posted by jaime00
I am turning 21 in two months.... my case is pending as of nov 1999... I am getting conflicting messages regarding nunc pro tunc.. You think I should file it myself... or wait for them to send me letter or something ?

THanks.
Click to expand...

The CIS has stated that as long as an application (I-589, I-485 or even I-730) was pending on August 6, 2002, the derivative is covered by CSPA.
 
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