World Journal Weekly Q & A - May 19, 2013

Q & A 1. 2.

Q&A 1.

Sibling of U. S. Citizen had Interview in 2011, Priority Date Backlogged, and Is Now Current – What to Do Now?

A sister asks:

I came to U.S. under B2 visa in 1996 and stayed in the U.S. ever since.  My U.S. citizen older sister applied I-130 & I-485 for me in 2001 and I am protected under 245(i).  I had an interview in early 2011.  Unfortunately, at that time the priority back logged and I was not able to receive the green card.  In 6/2011, I received a notice stated that my case was transferred to National Benefit Center.  Now my priority date had become current early this year.  How and where to follow up with my care?  Do I have to hire an attorney to continue my case?

Dear reader,

Fortunately U. S. CIS has become more efficient than in the past with backlogged cases in which the priority dates have again become current. The agency now sweeps cases on a frequent basis to determine whether priority dates have cleared. You probably do not have to do anything at this time. If your priority date stays current for 60 days and you have not heard from U. S. CIS, you can schedule an Infopass with your local field office of U. S. CIS. Otherwise you can hire an attorney to track your case at that point.

Q&A 2.

How to Expedite Aged Out Son’s F –2B Case, and Can the CSPA Help at This Time?

A mother asks:

In 4/2008, my husband and I immigrated to the U.S. through my brother’s 1995 application.  My son at that time was over 21 years old and aged out.  We had no choice but left him behind.  As soon as we arrived in U.S., I filed I-130’s F-2B category for my son.

Recently I read many articles regarding CSPA and said that the examiner when adjudicate green card cases must consider the original priority date.  Can my son’s case fall into this category?  What should I do now to expedite my son’s immigrant case?
Dear reader,
The present state of cases like your son’s who aged out prior to immigration and had to be the beneficiaries of F2B petitions filed by the parent is that U. S. CIS is still opposing the granting of the earlier priority date of the parent when the F-2B petition is filed. There is a split of decisions in the circuit courts of the country with both the Ninth Circuit and Fifth Circuit saying that the earlier priority date should apply, and the Second Circuit that it should not. U. S. CIS lost the last round in the Ninth Circuit, and the government filed for a writ of certiorari to the Supreme Court on January 25, 2013. So at this time, there is no established expedite treatment under the CSPA.

Copyright © 2003-2014 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.