Permanent Residency for Son Who Recently Aged-Out?

[catx]

I have posted on this forum a number of times to provide comment and what I hope has been useful information based on my experience as a long time legal alien in the U.S., and accordingly involved with the U.S. immigration system.

 

I am pleased to say that my priority date has finally become current with the September 2013 Visa Bulletin.  My employer’s immigration lawyer is working on my I-485 adjustment of status application and derivative I-485 applications for my wife and my daughter.  (I have completed the lawyer’s permanent residency information questionnaire, put together the required documents including the photos, had our medical examinations this week, etc.).  The reason for this post is about my son …

 

The salient facts are …

 

• My family and I (including my son) have been in the U.S. maintaining our legal immigration status for many years (over 12).
• My PERM labor certification application and subsequent I-140 petition were approved with no issues or delays.
• My son graduated from a local public high school with honors, was a National Honor Society inductee, varsity letterman in academics and athletics, and a Y.E.S. volunteer.  He is a Boy Scouts of America Eagle Scout.  In May he graduated from a large, well known, highly regarded public university with a Bachelor of Science degree, and is now pursuing a Master’s degree in environmental science at another public university, with his research part of an EPA program.
• My son turned 21 early last year, and even with the extra months under the Child Status Protection Act (CSPA) for my I-140 processing and approval he aged-out last fall – a mere 10 months ago.  So after living in the U.S. as a legal alien for most of his life he has lost the ability to file for derivative permanent residency, and has to start the immigration process all over from the end of the line.

 

I have contacted my Congressman and Senators to ask if there is any way currently for my son to file for his permanent residency.   (Naturally, I will file an I-130 petition for him under the F2B family preference category as soon as I receive my permanent residency, and he will plan on looking for a sponsoring employer when he graduates with his Master’s degree.)

 

So while the answer appears clear, in case I missed something, I am asking this forum the same question -- do you know of any way currently for my son to file for his permanent residency?  Thank you.

[pontevecchio]

Is Marriage in the offing? No Offense, but people do get married.

[rahul412]

Congratulations catx..!!!!

[JoeF]

Sorry to hear about the problems for your son. CSPA is pretty complex, so maybe there still is some obscure way. Try to find a lawyer who specializes in this.

Also, check if NIW would be a possibility. That seems to be faster than F2B.

And there is still hope for a CIR.

[catx]

Is Marriage in the offing? No Offense, but people do get married.

 

No offense taken  That is always a possibility, but since my son does not currently have a steady girlfriend, it is not something being considered at present.

[pontevecchio]

I would think that there have been some court decisions which have altered a few basics. "DeOsorio v. Mayorkas" is currently under filing in the supreme court. Check it out and approach the lawyer. I cannot give names here.

[catx]

I am familiar with, and have been following, the "DeOsorio v. Mayorkas" rulings with respect to the CSPA.  Some points for forum readers.  The lawsuit is focused those who aged-out while the primary beneficiary (parent) had an approved I-130 petition, i.e. family based immigration (vs. employment based immigration).  The government, through the Department of Justice, is vigorously opposing the Ninth Circuit court ruling in the Supreme Court.  The Ninth Circuit case ruling stated "the plain language of the [Act] unambiguously grants automatic conversion and priority date retention to aged-out derivative beneficiaries".  The government presented its opening brief to the Supreme Court last week (September 3rd).

[catx]

Cycling back on the topic I started when I re-engaged on the MurthyForum as an update.  Yesterday myself, my wife, and my daughter received our permanent residency visas ("green cards") in the mail :).  For information, our I-485 adjustment of status applications took 4 months for processing and approval.

 

(I wanted to wait until we physically received our actual "green cards" before making this post so not to 'jinx' anything. A little superstition and caution are not bad things.)

 

Going forward my engagement on the MurthyForum will be focused around student visas (e.g  F-1,  OPT employment authorization), immigration reform and legislation, the Child Status Protection Act, and other subjects and topics that correspond to my son's immigration (who as I originally posted aged-out a year ago). 

[rahul412]

Cycling back on the topic I started when I re-engaged on the MurthyForum as an update.  Yesterday myself, my wife, and my daughter received our permanent residency visas ("green cards") in the mail :).  For information, our I-485 adjustment of status applications took 4 months for processing and approval.

Once again, congratulations catx...!!!!

[JoeF]

Congrats for the GC.

And keep us updated about the situation of your son.

[t75]

With his qualifications, it should be easy for him to obtain H1B until such time as your petition is current.