Did you age-out of relief? - Page 3

I'm a little confused. So your sibling filed a separate petitions for you? Or were you listed on your parents' petition? If you were under 21 when your parents became permanent residents, why weren't you able to adjust with them?

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?

I do not know if CSPA would apply to you, since I am not familiar with a case like that. I would suggest talking to a reputable immigration lawyer. Hopefully you can retain your priority date.

This is only before the 9th district court, not SCOTUS.

How does that work for people who aren't the 9th district's jurisdiction?

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.

I don't understand the whole district court thing, but I at least from what I could tell since 5th circuit ruled in favor, if 9th also rules in our favor, then it will help everyone. Though I couldn't tell you why.

I am currently 22 years old, my parents are green card holder and petitioned me last year. According to them, its going to be a 10 year wait My country of origin is in the Philippines

Check the Visa Bulletin.

F2B category. Did they file after you turned 21? If yes, then Dec 08, 2001 is what they are working on. If NOT a beneficiary under 245i then a 10 year ban. Not sure if this could be waived. The Dream Act could waive the ban though and it should because you are adjusting in USA.

Why is F1 category longer for Philippines when a USC mother petitions her son/daughter over 21 unmarried?

Immediate relatives don't have derivatives. Hence, you don't "age out" of petitions that your USC sibling files for your parents. As far as family-based visas are concerned, the lawsuit concerns those who have been aged out of F-3 and F-4 preference categories.

We wrote and filed the brief on Friday. You can read it here
http://www.dreamactivist.org/ninth-c...migrant-youth/

Is there a lawsuit for a child aging out as he/she turns 21 and then gets a petition?