USC Grandfather Petitioning for Married son or daughter I-130

Hi quick question since my Grandfather is a USC He filed for my mom back in May 2001 and got approved I qualify for 245(I) but we are waiting for priority date to become current (another 8 years)........but anyway can I still get my green card threW this application since I don't age out because my age freezes its a US citizen petitioning? I was probably like 5 or 6 when he petitioned for my mother.

i'm sort of in the same situation. my mom petitioned for me back in March of 2001.

unfortunately, from what i have been told by lawyers i have seen, is that until your priority date becomes current and a visa number becomes available to you, then you can not apply for adjust your status and there fore can not apply for a Green Card.

If he filed in May then you're not covered under 245(i), the last day to file for it was April 30th 2001. If it was filed in May then you're not grandfathered under 245(i). If it was filed in April, but approved in May then you are grandfathered under 245(i).

Now the priority date and age out thing only applies to the 9th circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington), as it is a ruling by the 9th circuit court of appeals, it will not become nation-wide unless it goes to the supreme court and it affirms.

So if you currently live in any of the above states (and you're in fact 245(i) grandfathered) you will be able to adjust via the petition for your mother. Otherwise, not unless supreme court rules on this issue in your favor.

Also note that the priority date thing only matters in cases where you would normally age out (turn 21 before the AOS can complete). If you are under 21 when the priority date becomes current you will be able to adjust as a beneficiary of your mother's petition in all of US.

Might be a good idea to look around and try to find an alternate AOS (if you're under 245(i)) like marriage to a citizen, or an employer willing to sponsor you.