Question about I-130 and AOS

[lost and confused 0]

Hey Guys! I am a new member of the community so I hope I am posting this in the right place! Here is my long story and hopefully you guys can help.

I entered the country illegally with my parents when I was 2 years old. My dad then became a permanent resident

and filed an I-130 for me and my mom back in 1998. I was filed under immediate relative.

In 2001, that petition was approved, after this happened, I am not quite sure what happened with the case. I vividly remember going to the interview, getting police reports done and getting the medical exam. However, nothing happened after that. I asked my dad what that process was all about, I assumed he was moving on to the next step, the AOS, but neither my mother and I received anything back. I am assuming my dad could not afford to continue with the process and let the case drop.

Fast forward, my dad became a USC in 2008 when I turned 18. I am now 22 and in desperate need to AOS because I am almost out of school and need to work. We have gotten lucky so far because both me and my mom are allowed to file the I-485 without leaving the country through the 245i and I am still covered under my dad through CSPA, as long as I do not get married.

However, now we have run into the problem of figuring out if we can file using the I-130 we got approved back in 2001. If my mom cannot, it would still be easy for her to get her green card, because my dad would just have to file a new I-130 and the process would be fast since he is a USC. For me on the other hand, it is more beneficial to keep the old I-130 because it allows me to be claimed as an immediate relative even if I am over 21.

I am assuming that if my dad ever began the process of AOS back in 2001, it has since then been terminated and we would start that all over again. However, how can I figure out if my approved I-130 is still "active" for lack of a better word. I have read online that sometimes they are destroyed, and I know that we have not contacted the NVC for years about our case and had a lawyer call to ask about it in which they responded they had no record of the case. Is there anywhere else I can call or does anyone have any idea what I can do to track down that petition and if I can even use it still?

I also still have the original copy and checked the status of it on the USCIS website and this is what it says:

Your Current Case Status for Form I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Post Decision Activity

On February 26, 2001, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

Does this mean that petition is still on record somewhere?

Sorry this is so long, I didnt know how much information was necessary to include.

Thank you so much!

[aaron2020 11,651]

Your case is pretty complicated. You should look into hiring a competent immigration attorney.