I have a question related to family immigration please:
Petitioner is green card holder and beneficiary is her daughter.
At the time the I-130 was approved, Beneficiary was still under 21 years of age.
When beneficiary went to the I-485 interview, she was over 21. The officer told her he would deduct (knock out) the period of time her I-130 was pending which is 8 month and this made Beneficiary's age 21 yrs and 40 days.
The officer told her you are over 21 now and if you want talk to a lawyer and see what you can write for me in order to approve your application, otherwise, you will go to a new category and will have to wait few more yrs bc you are over 21 now!!!!
Is there anything under the "Child Status Protection Act" that could be done to help her or find an exception for her?
She needs to gather all her documents and consult a local immigration attorney to determine if something can be done. The attorney will also determine if she qualifies for a different immigration benefit.
Hard to help remotely. One would need to review the entire record and get up to speed with the facts.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Maybe you should listen to the officer and take it literally, I mean talking to a lawyer as opposed to posting on a free general information blog.
The questions that need to be answered in this case are what are the correct dates that need to be utilized to make the CSPA calculation and when did the alien seek to acquire permanent residence under the CSPA. In order to qualify under the CSPA the child does not have to have an application for permanent residence approved when they are under 21, rather they must seek to acquire permanent residence within 1 year of the priority date becoming current. Thus, things are not always as black and white as they seem.
Your friend needs to consult with an experienced immigration attorney who can review the relevant documents and dates in order to make an appropriate determination. Just because USCIS says she is not eligible does not make it so.
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. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.