Quote:
Originally Posted by eseraphim
Yes, my sibling filed a separate petition for me. We had terrible legal advice at the time and had no idea I could adjust through my parents when they became permanent residents and I was still under 21. Thus that's why now, since my parents recently became citizens, I included the approved I-130 I got through my sister to retain the priority date yet go from a fourth preference to a first.
Since the approved I-130 has a priority date prior to my 21st birthday, and it is now going to be used as a part of my parent's petition, does CSPA apply to me?
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My case is quite similar to yours, when I was a teenager, a US Citizen sibling filed for my parents, they thought that I would just be added to either parent's petition, but turns out that it is not allowed under US Immigration law, and the sibling filing a separate petition for me would take about 12yrs to go through so we waited until my parents got their Alien #s, and Green Cards were on their way when one of them filed an I-130 for me, still as a minor teenager.
My Priority Date never became Current (not that it'd have helped) until the parent that filed my petition started the Naturalization process. However, by the time the parent had become a US Citizen, I was 21 yrs & 2mnths old, therefore no longer an Immediate Relative (there goes the CSPA law in this case), and with no 245i coverage, I cannot Adjust my status here, and will face the 10 yr bar if I go to my home country for consular processing due to me being an Overstay.
I wish they would do something about this category where US Citizen siblings file for parents so that minor siblings can also be added to such petitions, rather than waiting for the parents to get their Green Cards and then filing for the minor children separately, too many young people fall through the cracks in the process.