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Child Status Protection Act: Should I file form DS 230 or I-485 if I'm a beneficiary derivative currently in the US?

Pittsburgh, PA |

I am a beneficiary derivative of an I-130 petition sponsored by my grandmother for my parents, my sister and me. I believe I'm protected under CSPA. I'm 25 years old. The I-130 was filed in 2002 and approved in 2009 so it has been pending for 7 years. So my age should be 18 after adjustment. The priority date will be current next month but my father has already been scheduled an interview next month. The emails from NVC no longer included me in the case so only my parents and my younger sister submitted the application fees. Since I am currently studying in the US, do I file DS-230 or I-485?

Attorney Answers 4


  1. Meet with a lawyer before filing anything.

    In the US = 485
    Out of the US = 230

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. As long as you are maintain valid nonimmigrant status in the U.S., you should submit a form I-485 packet.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (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.


  3. If you are in US, and are currently in status, you should file I-485, Adjustment of Status.

    Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  4. If you are asking a question like this you should probably hire a lawyer. CSPA is a complicated section of the law. You would file a 485

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