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NBC Updates – 04/02/10
Work permits and c9 I-765 application - The center recommends applicants and attorneys to follow the current Pre-Order Instructions which points out that applicants should file the renewed I-485 application with the TSC (Texas Service Center) when the form has been denied and renewed by the IJ. This also holds well when the applicant or attorney submits a new Form I-485 application to the IJ.
Green card under the Child Status Protection Act
I have a friend who got his green card recently. His sister in law was the one who applied for the green card which was filed on October 1997. His son was 14 at that time. By the time he got his green card, his son was 22, so the son didnt get the green card. Can my friend's son still get a green card under the Child Status Protection Act, or some other ruling?
Your friend can apply for an unmarried child independently. Application of CSPA requires analysis of specific facts. I suggest your friend should consult an immigration lawyer for that.
What would be derivative's status
What would be derivative's status during the interim between the final divorce and the 485 is adjudicated/denied? Is it true s/he is still on AOS until the 485 is adjudicated?
In my view, the moment of divorce takes away the right to be a derivative and hence also the legal right to have a 485 pending.