Immigration Site

Brief:
- Step-mom & dad married 2006 (I was 14)
- Step-mom filed for me & dad (same time) in FEB 11
- Dad recieved his green card yesterday

Me:
1) My case status :Form I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN (Is this correct? Shouldnt it be IMMEDIATE RELATIVE OF US CITIZEN? My step-mom filed the same times as my dad)

2) My case is still stuck on Initial Review! Its been 5 months... why?

3) My dad and I was a illegal resident. I left in late 2008 for my grandma was dying and her last wish was to see me. I couldnt refuse. I visited last year on a visa wavier and came back to my birth country.

4) Im worried that I might not get approved... or why is it taking so long... I miss my dad and stepmom very much.. and my brother (half) Im 19 now...

I hope that someone can englihten me... if my case was filed incorrectly
and why the process is taking so long when my father has recieved his green card...
Thank You

Your post is insufficient to get an answer. Instead, more questions arise.

You say you were "illegal" but does that mean that you overstayed a visa or did you initially enter without inspection (illegal entry, not through an immigration checkpoint or port of entry)? If dad got a greencard then, I think it was really an overstay.

You were a minor during part of the unlawful presence, but once you turned 18, "unlawful presence" began to accrue (build up and count against you). IF you departed the U.S> after age 18 1/2, then you triggered a bar to re-entry for three years.

You did depart the U.S. It is unclear what exactly had happened to that point.

You say that she filed for you and dad. Did she make the classic mistake of only filing ONE I-130 for him and included you in it? If he has a greencard already, then did they file an I-485 for YOU at the same time as dad?

IF you had an I-485 pending when you departed, did you have advance parole? EVEN if you had AP, did you trigger a 3 year bar? It could prevent adjustment even if they made the mistake of letting you back in.

That does not seem to be your case. You mention departing in 2008, so you would have been under 18 and unlawful presence was not a factor at that time.

You mention a VISA WAIVER VISIT. Are you now outside the U.S.?

It would appear that an I-130 is pending and that you will need to go through Consular Processing from abroad. What country are you from and where are you now?

WHEN (on what date) was an I-130 filed for you and by whom? Did she make that mistake mentioned above? Did DAD file an I-130 for you AFTER he got a greencard?

Take step back, think hard and post a time line of events as best as you can and see what help that will bring.

As long as you remain unmarried, you remain a "child" until you reach 21 and then, the CSPA (Child Status Protection Act) can preserve your eligibility.

first of all, thanks for the response!

timeline:
2001 - entered U.S. legally
2003 - visa expired
2006 - dad married a citizen
2008 - i left for my birth country, my dad stayed in U.S.
20010.08 - visited U.S. on a visa wavier
2010.11 - left U.S. to birth country
2011.02 - stepmom filed for both my dad & me (seperately im in another country hello)
2011.07 - dad recieved his greencard in mail
current - my case status is in initial review (not too bothered since i know it takes a while to update now)

*and as i mentioned before i overstayed but left at the age of 16 on my own
unlawful presence ban wasnt exacuted for me. on top of that i went in and out of the country last
year on a visa waiver (this really depends on the POE officer but he let me through)

ill repeat again
stepmom filed for both me & my dad same time. dad recieved his greencard last week.
my case status is still in intial reivew. oh & im pretty certain my stepmom filed 2 I130s ^^

my worries are that there are 2 types of i130 -_- and that my case should be "immediate relative of us citizen"
instead of "IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN" or maybe this doesnt matter too much
but im rather worried that itll take a lot longer than i thought. just wondring how much longer im suppose to wait...
the interviewer told my dad that i should be coming along quite soon but people make mistakes, files get mixed up...
so my heads all over the place T_T

You were under 18 when you overstayed and left when you were under 18, so the overstay wont hurt your green card process.

Your 5 month wait so far is nothing unusual. You and your fathers case are being processed separately because he is inside the US and you are outside, and cases within the US tend to be processed faster. But check with your stepmother to find out if an I-130 approval for you arrived in the mail, because the online status is slow to update.

Did your stepmother specify a US consulate in your country for question 22 of the I-130 that was filed for you? If not, when the I-130 is approved shell need to file I-824 so the case will be transferred to the consulate.