Legal Question in Immigration Law in California

Hello, I have questions regarding the child support act. My mother asked for her greencard back in 1997, I was included in the original petition, but when she got it I was allready 21 so I didn't get the greencard. My mother is now a Us citizan an d had petitioned for me in that category. I was told that I might be able to recover my priority date form the original petition, and already have my FOIA.

Some lawyers have told me taht the child support act its not aplicable in a retroactive manner, but I was also told otherwise. Can someone help me?


Asked on 8/26/09, 8:29 pm

1 Answer from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Dear Inquirer:

The issue you raise is currently the subject of a class action lawsuit in the US District Court. The Board of Immigration Appeals recently changed its interpretation of the Child Status Protection Act (CSPA) in this context, ruling that the "aged out" beneficiary cannot avail of the original priority date.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.

Regards,

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Answered on 8/26/09, 8:34 pm


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