I was wondering if you could shed some light on my situation. I am a derivative of my mom's family 3rd based petition from the philippines. I just turned 23 this june and 2 or 3 months later my mom's priority date became current. I am in the US, overstayed my student visa. I read about the CSPA and have heard the change recently. So I'm wondering what are my options? My parents have filed the ds-230 forms and are awaiting a schedule of their interview. They did not place my name under the awaiting to join since i am here. Can they ask the consulate about CSPA? Unfortunately they do not remember the time frame it took for the petition to be approved, they just know their priority date was Sept0691, so calculating my CSPA age is sort of difficult since i have no idea how else to find out how long it took. I am also questioning whether or not i will be able to obtain my parent's original priority date. I am not sure what step to take as we are awaiting for a schedule for interview. Should i wait until my parents get here and then file for adjustment of status and 130 at the same time? Your help would be greatly appreciated.
Answer Eileen Chun-Fruto, Los Angeles immigration attorney writes:
Thank you for your very thoughtful question. But you are right, without knowing or seeing your parent's documentation, it is almost impossible to calculate your CSPA potential.
If you are able to find your parents documentation and present it to me, I can possibly take a look, however you will need to contact me directly. As far as the information that attorneys can present on AllExperts, we are limited to information in general, but not case specific analysis, which as I have mentioned before, becomes dicey since information given online is too casual for anyone to rely upon.
If you are interested, you can contact me or any other qualified immigration attorney for a free consultation. Your case is so fact and date specific, it isn't the most appropriate for launching into via the internet. I hope you understand.
Good luck and don't give up until you have all your facts together and assessed by an attorney. CSPA is one of the most complicated areas of immigration law, but it yields the greatest benefits. I have a testimony from a client on my website that talks about how we used CSPA to ensure that her daughter was granted a greencard with the rest of the family. It was such a great tool. You are wise to check your options, but any attorney reviewing your situation will need more information. You cannot afford mistakes.
I can answer any employment-based immigration question including questions about
PERM labor certifications, H-1B skilled workers, L-1A multinational managers or
executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor
cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1
extraordinary ability cases.
I can also answer any questions regarding family-based immigration, such as adoptions,
waiver cases, consular processing (using foreign consulates to enter as an immigrant),
marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act),
battered spouses, and Child Status Protection Act (CSPA).
I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.
Organizations Member, American Immigration Lawyers Association
Member, Los Angeles County Bar Association, Executive Committee on Immigration
Education/Credentials J.D., University of California at Davis - King Hall School of Law (1997)
B.A., University of California at Irvine, cum laude (1994)
Awards and Honors 2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region)
Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas
Past/Present Clients My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations.
Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law.
I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.