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#6
05-04-2012, 10:53 PM
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Joined in Mar 2006
6,459 posts
Swim19
Quote:
Originally Posted by Dream becomes Reality View Post
My USC sibling filed the petition for the parent, who then got the Green Card and then filed an I-130 for me which was approved but the Priority Date was still not current. The parent then started the Naturalization process and became a Citizen 2 mths after my 21st birthday, so I had to wait about a year before the Priority Date (PD) became Current as I was no longer an Immediate Relative since I had "Aged Out." Also, since I'm not covered by 245i, I am unable to Adjust even with a PD that became current a couple of years ago.

Since I wasn't a Derivative Beneficiary of a petition, as the parent could not include me on the petition filed by my sibling, I wonder whether that disqualifies me from this lawsuit, since I'm a Direct beneficiary of a parent's petition?
Hmmm...well since a direct petition from your parent has a current priority date, but you couldn't adjust because you aren't under 245i, even if you could qualify for this lawsuit, I don't see how it would help you. The point of this lawsuit is to decrease the waiting time for an over-aged son/daughter by retaining original priority date.
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