Quote:
Originally Posted by Swim19
It's possible you'd also get relief (I'm not sure the specifics of your situation) ... since this is about retaining priority date of original petition you were a derivative beneficiary of. The lawsuit is basically about differences in interpretation of the CSPA law. So instead of waiting in line all over again, you'd get credit for the time you waited even though you 'aged out'.
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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?