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Am i eligible to be considered for the protected child status?

Tampa, FL |

hello

we have a pending I130 petition my mom is the beneficiary her mother is a U.S citizen and she's the petitioner we had the application filed back in 2008 and we think it will be approved soon as the USCIS made some errors while processing our petition we filed a expedition request but the point is that i recently became 21 if it wasn't for the delay caused by the error made by USCIS i would've been eligible to travel with my mother plus i live in syria in the middle of a war and i'm not employed i'm still in college with no way to support myself, i may not have the time required for a separate immigration petition to be filed accepted and processed so based on all that do you think i'm eligible for the protected child status act so i can travel with my mother?please help soon
thaks

Attorney Answers 5

Posted

More facts really needed to make an accurate determination. Essentially, you are entitled to credit for the amount of time the petition is pending, but we don't know any specific dates and what preference category the petition is filed under. Consult with an experienced immigration attorney for case specific advice.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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Posted

You do seem to fall under the Child Status Protection Act.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Asker

Posted

thanks a lot sir you revived my hope thank you very much

Posted

That would depend on the results of the CSPA calculations. You do not provide any facts to perform those calculations. See link below:

http://www.engnishimura.com/immigrant-visas/cspa-child-status-protection-act

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

Need more information in order to answer your question.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

It appears you may.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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