Follow-to-join and Im over 21 now?

[ampce72 0]

Hi, well here is my situation. A F1 petition was filled on behalf of my mother by my grandmother who is a US citizen in May 2006 (receipt date) and I was 19 years old by then, later in August 2009 they notified that the petition was approved. Well in 2010 we got the DS-230, my mother didnt fill one of these for me, but in hers she mentioned me as a "follow-to-join" derivative (we didnt know who much time it will take to get a green card so...) . Then my mother got her appointment in June last year and I wasnt required for an interview with her, we thought that maybe they didnt because I didnt fill any form and by 6/2013 I was 26 (im from July 1986), then at the appointment, the consular officer (or whoever does the interview, idk really..) asked her for my birth certificate, we found it rare so we called the NVC and they told us that I appear on the system as a "follow-to-join derivative", my mother told them that I was 27 already and they told us "well in that case you have to write a letter to the NVC asking us for your daughter to travel with you" (thats all they said).

Then I got so many questions: 1-how come Im gonna travel with her if I wasn't even at the interview? 2-how come Im a derivative if Im 27? I thought that maybe I qualified to CSPA but no, my CSPA age is "23 years" because I think visa became available in May-June 2013 I suppose, because my mom got her appointment notice by June 2013. 3-So what is that letter for? 4-Im still able to travel with my mom? she already had the interview and her case is now under "administrative processing". Ive asked a lawyer and he told me that maybe I could retain her priority date on a new petition, that there is a lawsuit on the Supreme Court or something like that....

Can anyone give me some lights about this? Im new to all this US inmigration stuff... I just want to know if I'll be able to travel with her or not, because I have to do some stuff first, I just want to know what is going to happen with me, If ill have to wait 7 years to get a GC or not. I wouldn't really like to wait 7-8 years to join my mom in the US, is like Ive already waited all this time!
..A last question, 5-if it turns out that I have to wait 7 years, is there a way for me to be in the US with my mom while the visa petition is pending? like adjustment of status or something like that?

Thanks

[NigeriaorBust 4,087]

SO the important dates are 2006 ( acceptance ) 2009 - pet apprvl which means you can take 3 ish years off you real age. Unfortunately that makes you too old to be a deriviative and your mother will have to file for you as an unmarried adult child and you must remain unmarried and wait the 7 years or more There is no short cut unless you can afford and get something like a student visa

[G_One 10]

One thing I can tell you that, you may or may not get any authoritative info on the Internet/VJ/other forums, if you dont then ask your relatives in US to consult an Attorney for the complete case or take couple of appointments of the Attorney and sort things out, even if there is a slightest chance of getting the visa early.

[EireneFaith 54]

Actually, the petition is for your mother by her US citizen mother. If the visa approved before you turn 21 you are automatic included under her visa (green card). You were 22 when your mother's petition was approved and you are not longer under your mother's petition. You cannot get the CSPA because the petition of your grandmother is for your mother only and your grandmother cannot petition you. When your mother arrives in US, she can start her petition for you even she is a green card holder and you will be in F2b preference. My best friend also experience this case. Her US citizen mother petitioned her and she has 4 children. Before her visa approved ( it took 15 years of waiting) her 2 eldest children turned 22 and 23, but the other two youngest children are below 21. So, my friend and her 2 younger children were able to get the green card. The other daughter of my friend that turned 22 that time, she petitioned her and it is 7 years now still they are waiting to approve her. In your case the Immigration did not interview you because you are already adult. In my case, I am green card holder(got it last Aug.2013) and my lawyer advised me to start the the petition ASAP because my sons are already adult. There is a visa backlog and if after 3 years I can apply for Naturalization I can upgrade my petition to my son as US citizen. I wish I gave you some clarification.

[EireneFaith 54]

Actually, the petition is for your mother by her US citizen mother. If the visa approved before you turn 21 you are automatic included under her visa (green card). You were 22 when your mother's petition was approved and you are not longer under your mother's petition. When your mother arrives in US, she can start her petition for you even she is a green card holder and you will be in F2b preference. My best friend also experience this case. Her US citizen mother petitioned her and she has 4 children. Before her visa approved ( it took 15 years of waiting) her 2 eldest children turned 22 and 23, but the other two youngest children are below 21. So, my friend and her 2 younger children were able to get the green card. The other daughter of my friend that turned 22 that time, she petitioned her and it is 7 years now still they are waiting to approve her. In your case the Immigration did not interview you because you are already adult. In my case, I am green card holder(got it last Aug.2013) and my lawyer advised me to start the the petition ASAP because my sons are already adult. There is a visa backlog and if after 3 years I can apply for Naturalization I can upgrade my petition to my son as US citizen. I wish I gave you some clarification.

[aaron2020 11,651]

You will not be immigrating with your mother.

Your grandmother filed the I-130 for your mother; she did not file for you.

It seems that CSPA did not apply to you and that was why you were not interviewed.

You cannot wait or adjust in the US. It will take 7-8 years for your mother to petition you.

The US Supreme Court is reviewing CSPA. If te ruling favors the plaintiffs' position, then aged out derivatives like yourself will be able to retain the PD from the parents' petitions. The ruling is expected in June.

If the US Supreme rules for the US government, then you have 7-8 years of waiting.

[apple21 953]

aaron2020 is correct.

Your mother should file i130 for you as soon as she enters the US. You have to stay unmarried during the entire process.