I applied for i485 after I turned 21 .Now my case is at the RFE stage . Just sent everything they aasked for such as medical exam and my mothers most recent tax info and my mother is a US citizen. Now when I check my status on uscis site it shows 3 stages left: decision , post decision activity and card /document production. My question is. Is there a chance that this is getting any where since I turned 21 when I applied for i485? Did my age froze from when myi130 was approved?
You will probably be OK ... meet with an attorney to discuss the reasons for the RFE.
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.
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Under CSPA, if your mother was a US citizen when she submitted an I-130 on your behalf, your age was frozen at 19.
(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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The answer to your question really depends upon when you H-10 was filed and how long it was pending. Additionally, when your I-485 was submitted and what your mother's status was at the time she submitted the I-130. Once you turned 21 you became subject to a quota. Unless you are covered by the CSPA then you are looking at potential issues. 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.