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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10896
Experience:  Write FOR JAMES to get my help!
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My mum is a us citizen, can I get a green card

Customer Question

My mum is a us citizen, can I get a green card
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Expert James replied 3 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

How old are you? Where are you located? Are your parents married? Where is your mother now?

Customer: replied 3 months ago.
Ok
Customer: replied 3 months ago.
My mum is a us citizen and when I apply to adjust my statuse they told to file for asylum
Customer: replied 3 months ago.
My mum was married to my mum but he's death
Customer: replied 3 months ago.
I don't want call
Expert:  Expert James replied 3 months ago.

You don't have to call. That is an automatically generated offer. But please exercise some patience as I work with other customers who were here first. That is the only fair way to do this. Thank you.

Expert:  Expert James replied 3 months ago.

I need you to answer ALL of the questions I ask you.

How old are you? Where are you located? Where is your mother now?

When did your father die?

Customer: replied 3 months ago.
How long do I have to wait?
Expert:  Expert James replied 3 months ago.

Can you please answer my questions? I can't help you unless you answer what I need to know.

Customer: replied 3 months ago.
Am 27 years old,am in Houston thx with my mum. My dad died 4years ago
Expert:  Expert James replied 3 months ago.

What is your current status in the US? And who told you to apply for asylum? When did your mother become a US citizen? What age were you?

Customer: replied 3 months ago.
My mother was granted asylum in 2002 and she filed for us and we came in 2003. Being only 15 yrs. now am trying to adjust my status and they replied me saying my mum just become a citizen in June of this year. So I should apply for asylum. I also know of the child protection act. I am sure it covers me. What should I do?
Expert:  Expert James replied 3 months ago.

Did you ever get a green card through your asylum case? You should have.

Customer: replied 3 months ago.
I have applied for a green card in late April of this year before my mother was even granted citizen ship
Expert:  Expert James replied 3 months ago.

Based on the asylum you got?

Expert:  Expert James replied 3 months ago.

When you say you want to adjust your status, do you mean apply for citizenship?

Customer: replied 3 months ago.
Base on child of an asylee
Expert:  Expert James replied 3 months ago.

Yes, but the child of an asylee gets an approved petition. Then you get a visa to come to the US. When you come to the US, you enter as an asylee, and then you apply for a green card. Did your mother not file for a green card for you years ago?

Customer: replied 3 months ago.
I came in 2003 when I was 15yesrs old. My mother could not because she did not have the finances. She fell sick and could not work.
Expert:  Expert James replied 3 months ago.

So what you are saying is that you never filed for adjustment of status before the age of 21?

Customer: replied 3 months ago.
No I did not.
Customer: replied 3 months ago.
But the child protection act should still covers me right? Because am not married and I got a visa when I was 15. I should still adjust my status right?
Expert:  Expert James replied 3 months ago.

OK, thank you very much. During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. So please do not give me a negative rating for an answer you did not expect or like. Thank you for your understanding.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

ANSWER: No, that is not right. You are not covered by the CSPA. The CSPA says that, if you aged out, you can subtract the amount of time it took for the I-730 to be processed, and subtract that from your current age. If the result is under 21, then you can file as a child. In this case, if it did not take 6 years for the I-730 to be processed, then the CSPA does not protect you.

The CSPA does not cover you in this case because you were past the age of 21 when the green card became available, and it did not take 6 years fo the I-730 to be processed. It is not as simple as the age you were when it was filed.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

Once you have received an answer, please help me get credit for doing my job, by giving me a positive rating of 3, 4 or 5 stars or any of the smiling faces. You can still ask more questions, even after you’ve given a rating.

A BONUS is also appreciated if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 3 months ago.
What green card are u talking about please?
Expert:  Expert James replied 3 months ago.

You had a green card available 1 year after you came to the US with the approved I-730 petition that your mother filed. It was not the delays of the USCIS that caused you not to apply for it, so you cannot use all of the years from then to count towards the CSPA. You do not qualify for the CSPA.

That is why the USCIS says you do not qualify for the green card through your mother right now.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

Customer: replied 3 months ago.
but my brother got his when he was past 21?
Expert:  Expert James replied 3 months ago.

I don't know the details related to your brother. But based on the information what you told me, you are not eligible. I cannot change those rules. I cannot change the situation. I am just telling you what the reality is in YOUR situation.

I hope that answers your questions. Please remember that I do not get credit for doing my job unless you give me a positive rating of 3, 4 or 5 stars or any of the smiling faces. So please do that for me. You can still ask more questions even after giving a rating.

Thank you!

Customer: replied 3 months ago.
Two of my elder brothers got theirs past 21?
Expert:  Expert James replied 3 months ago.

I don't know the details related to your brother. But based on the information what you told me, you are not eligible. I cannot change those rules. I cannot change the situation. I am just telling you what the reality is in YOUR situation.

I hope that answers your questions.Please remember that I do not get credit for doing my job unless you give me a positive rating of 3, 4 or 5 stars or any of the smiling faces. So please do that for me. You can still ask more questions even after giving a rating.

Thank you!

Customer: replied 3 months ago.
my mum file for 4 of us. And we came here. Same children of an asylee. So how come they got their green card. Two years ago?
Expert:  Expert James replied 3 months ago.

Sir, I don't know. I haven't seen their cases and do not know their details. But obviously, something is different. I don't know why they would apply and you did not. Perhaps that would have been the best thing for you. Anyway, if you think you deserve it, then apply the same way they did and ask to be reviewed with the CSPA. But I am telling you that I do not think you are eligible, based on what you've told me and the CSPA.

I hope that answers your questions. Please remember that I do not get credit for doing my job unless you give me a positive rating of 3, 4 or 5 stars or any of the smiling faces. So please do that for me. You can still ask more questions even after giving a rating.

Thank you!

Customer: replied 3 months ago.
The child’s age is determined based on the time the parent’s Form I-589, Application for Asylum and Withholding of Removal, or Form I-590, Registration for Classification as a Refugee, was filed. After August 6, 2002, as long as the child was unmarried and under 21 at the time either of these forms was filed, and the child was listed on the Form I-589 or I-590, the child will remain a “child” regardless of age and can continue adjustment of status or consular processing on that basis.
Customer: replied 3 months ago.
I just copied that from the USCIS web side. Thx u
Expert:  Expert James replied 3 months ago.

OK, then take that page, file the I-485 and include that information if you want to. But what I am saying is that you waited all these years to apply, when you had the opportunity to do it years ago. That is probably why they did not accept it.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

Customer: replied 3 months ago.
Ok as a lawyer do u think I should apply with the page?
Customer: replied 3 months ago.
Do they know my situation to judge me base on that. If the law says that who are they to say no because I waited long. That is wrong. I was only asking u as a lawyer but it since like u don't know either. Because what u said is not what the USCIS page says.
Expert:  Expert James replied 3 months ago.

Did you ever file the I-485?

Expert:  Expert James replied 3 months ago.

Sir, you said she was approved on 2002. You did not say she applied in 2002. So when did she file the I-589? I need the exact date.

Customer: replied 3 months ago.
She filed in 2001
Expert:  Expert James replied 3 months ago.

And when was the I-730 filed? The exact date please.

Customer: replied 3 months ago.
They said because my mother is now a citizen I can't adjust my status under her anymore
Customer: replied 3 months ago.
Is there a law like that?
Expert:  Expert James replied 3 months ago.

And when was the I-730 filed? The exact date please.

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