The interview for parents is scheduled, but have question
Hello everybody!
I have the following case:
In 1996, when me and my twin brother were 13 years old, my uncle filled petition for a green card. The beneficient was my mother. The petition was approved in 1998. And then it has been 10 years in which my mother was waiting for a case number. In 2008 we got the number and in 2010 my mom and my dad started the procedure of filling the documents for a green card. We did what it has to be done and me and my brother (now 27) were referred as sons who will accompany them. We all filled and sent the required documents.
Today we got email with the date of the interview, but me and my brother are not in the list of the Travelling Applicants.
What does that mean?
You dont qualify to immigrate as a derivative beneficiary to this petition. The petition took about 2 years to be approved, so you get to subtract the 2 years (and however many months) from your actual age to determine your CSPA-adjusted age. Youre 27, so a 2-year subtraction is far from being enough to bring your adjusted age under 21.
The petition was approved in 1998. The case number was issued in 2008.
In 1998 I was 15.
It doesnt matter much that you were under 21 when the petition was approved. What really matters is your age when the visa number becomes available, which was 2008. So you were 25 back then ... if you apply the 2-year adjustment for the CSPA, youre still classified as over 21.
Youll have to wait until your parent(s) get their green card, then they can file for you as an unmarried over-21 son of a permanent resident (family category 2B), which has a wait of about 8 years. If your parent who filed for you obtains US citizenship while youre waiting, you can upgrade to family 1st preference and cut down your wait time by a few years. But if you get married before your sponsoring parent becomes a USC, the petition they file for you will be nullfied because there is no category for married children of permanent residents.