The Ninth Circuit, which re-heard the Child
Status Protection Act (CSPA) nationwide class action litigation in de
Osorio v. Holder, has ruled with us. It is a complicated legal matter,
but if your parents got their green-cards through their parents or
siblings, but you didn't because you turned 21, there may be a chance
that you can adjust your status now.
this blogpost by Attorney Andres Benach regarding next steps you can
take if you think you may qualify for adjustment of status under this
Thursday, I attended my second Master Calendar hearing in San Francisco
Immigration Court. My grandmother, who is a U.S. citizen, sponsored my
parents for their papers in 2001, when I was a child. By the time my
parents could benefit from the sponsorship, I was over 21. I applied for
a green card under the Child Status Protection Act, however, the USCIS
said I had "aged-out." They said that I did not get to retain
my place in line because I was now over 21, nevermind the fact that I had
waited in line for more than 10 years. They told me to go back to the end
of another line, and placed me in deportation proceedings.
admitting defeat, I fought back. And now I am scheduled for an adjustment
hearing in less than four months, where I should finally be granted
lawful permanent residence in the United States.
I hope de
Osorio v. Mayorkas will be as life-changing for you or someone you
love as it is for me.
P.S. You can
read more about the CSPA litigation here.
This email does not constitute legal advice.