DACA holder adjusting status through parents

Hello all,
Unfortunately, I feel like I'm in a road reaching a dead end. therefore, I am writing this message to see, if there is anyone out there that can help me with my adjustment of status application. I was born in Brazil and moved to the U.S. (with my family) when I was approximately 7 years old in 2000 with a visitors visa and overstayed. when I was 19 years old I was able to apply and receive DACA, which has helped me a lot! when I was approximately 20 years old, my parents received their green card through my sister who became a citizen. As soon as my parents became a green card holder I began my application process and was able to have my age frozen with CSPA. Last year before turning 23 I went to my AOS interview and everything seemed like it went smoothly, but its been a year and I still haven't had any response back. when I check my status in USCIS it still states that they are scheduling a date for my AOS . At this point I am wondering, if I still qualify to adjust my status. Also, I feel like USCIS is waiting for my father to become a citizen so they don't have to reject my case and make me start all over, but I am not sure. If anyone has any idea of what I should do, please reply to this thread. Thanks!

SIDE NOTES:

I think I did trigger the 10 year bar because I received my DACA when I was 19 years old.

My father will be eligible to apply for citizenship in a year and a half.

I think, if am not mistaken that you are unable to adjust because you were in the U.S illegally for at least 1 year. If it is not through marriage, that will not be forgiven. I am sorry if that is the case. It sucks.

I think you should talk to a Lawyer right away to see what can be done because if they interview you a year ago they should have given you some kind of respond by now, so if i was you i wouldnt waste anymore time and talk to a lawyer about and have you call and talk to a level 2 officer to see if there is anything that they can tell you, go ahead call uscis and ask for a level 2 officer because your case is over a year when you get the level 2 officer see if they can tell you anything about your case if nothing then get a lawyer to see what can be done

In my opinion you are not eligible for AOS if your parents are still LPR. You will have to go through consular processing and your case will go through NVC. You could do an I601 waiver. However, if you just wait for your father to become a USC and if your age is frozen with CSPA then you could go through AOS.

Did you apply for adjustment of status right away when your parents received their GC? If your application was accepted before the age of 21, then it is on their record and it shouldn't take long for you to get your GC. However, if you waited and you turned 21 before submitting all your paperwork, then the waiting list for a GC highly depends on the priority date based upon your country of origin. If you were over 21 when you processed your paperwork, then it is actually better for your parents to stay LPR because it is faster for you to get your GC than it is if they are USC. Your age only becomes retroactive if your parents sponsored you before turning 21, and it was accepted by USCIS before turning 21.

It doesn't matter if you have accrued unlawful presence in the US. Adjustment of status though your parents is possible without leaving the country if you entered with inspection legally.

Doesnt the law say that if someone accrued unlawful presence (visa overstay) they can only adjust status and its forgiven if they're an immediate relative of a USC? (parent, spouse, widow/er, unmarried child under 21). So in his case his parents would need to be citizens, not just LPR, and then if he submitted the application before he turned 21, then it is forgiven and he can adjust ?

Yeah, you are not eligible at all.

I am sorry. Thankfully you have DACA, else you would be in a lot of trouble.

No option but to ride the DACA train until God knows what happens.

I wish there was some way they could forgive my unlawful presence, since I moved to the U.S. at the age of 7 through my parent. I didn't have a say at the time, but I am pretty sure that is not enough to qualify for I-601.

Yes I started the application as soon as my parents was accepted for their GC. Being a broke college student I did all the paperwork myself. I think I have no choice but to seek help from a lawyer they are to expensive.

You did have an AOS interview (as you said in your first post), correct? What did the interviewer say at the end of it?