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CSPA (Aged Out) - Matter of Wang vs. Matter of Azam (Family based Visa vs. Employment based Visa)

Orlando, FL |

On "CSPA: Immigration Judge Distinguishes Matter of Wang" by Mr. Shusterman, Mr. Azam was able to adjust his status under 2b family preference by retaining his father's priority date.
My Family was admitted in 2000 on a B2 Visa and have overstayed. On April 2001 when I was 18 years old a labor certification was filed on behalf of my father and we were eligible under 245(i). LC was approved on Oct 2007, the I-140 was approved on July 2009. We all had submitted I-485 with the I-140 so my parents and sister were approved but my denied. I appealed for CSPA age out calculation but was denied. I current have a I-130 approved with priority date of Oct 2010.Can I apply to a new I-485 and cite the Matter of Azam to recover my father priority date? Can this be used to adjustment of status?

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Attorney answers 2



You appear to have done some excellent initial research with out an attorney.

Now is the time for you to pay an attorney for a private consultation.

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.



I appreciate your comments. I do intend to visit an attorney but I am trying to be sure that this has any real meaning to my case and how it will work. I need to know as much as possible so I can choose the right attorney for this case. I have expended a lot of money and years of my life on the hands of unprepared attorneys that are not qualified for specific cases like this one. I just need to have a general idea if the Matter of Azam has real meaning for my case if I reapply for a I-485 or I will need to bring in from of a judge.

F. J. Capriotti III

F. J. Capriotti III


Nothing in your facts indicates that your attorneys were unprepared. Rather, you didn't qualify for the status you were seeking .... after having lived in the US illegally for many years on expired tourist visas. You're not going to be 'sure' unless you sit down face-to face with an attorney.



Mr. Capriotti, Thank you. I will sit with an attorney face-to-face. On the mean time if anyone here knows if the matter of Azam can be used to help my case and how this impact please let me know.


I agree with my colleague .

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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