Monday, October 15, 2012

Important 9th Circuit ruling will help many undocumented youth, who've turned 21, to get green cards

Dream Activist

We may have some good news for you. Thousands of undocumented youth, who aged out of petitions filed on behalf of their parents, are now eligible for green-cards, pursuant to a landmark Ninth Circuit decision in de Osorio v. Mayorkas.
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.
Please read this blogpost by Attorney Andres Benach regarding next steps you can take if you think you may qualify for adjustment of status under this court decision.
Last 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.
Instead of 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.
Prerna Lal
Co-Founder, DreamActivist
P.S. You can read more about the CSPA litigation here. This email does not constitute legal advice.
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