Will I aged out ?

[Jeanfifa09 0]

Me and my mom came to United States in july 2007 on a visitor visa .. We filed for asylum that same year . It was denied and We were asked to leave  the country before march 2010. Lucky for us we were granted tps due to an unfortunate event in Haiti . We have been renewing our tps ever since . 

 We have been living in the U.S. Since 2007.My brother (a U.S. Citizen)filed for my mom for a green card in 2015 and I was a child derivative beneficiary on her application . My mom(now a permanent resident )filed for me for a green card ,and the process is still going. The application I-130 was approved . My priority date is January 26 2016 . The receipt date was January 26 2016. The application (I-130) was approved on February 26 2016 .  While I wait for my date to become current  so I can file for the adjustment (i-485), I am legal under tps . I can work and go to college etc under that . I am doing good (no criminal background) and I'm currently in my third year as an engineering student with 3.5 Gpa at an university in Florida . 

The visa category I'm in is F2A , and I was asking if I'm still going to be qualify for visa under that category (F2A). My Birthday is in June 26 1996 . I will turned 21 in June 2017 . I want to know  will I be dropped into category F2B , which has an even longer period of wait time (6 years+) . Am I just protected under child status protection act(CSPA)? Will my age be calculated a different way ? Am I eligible for anything that can stop me from dropping into F2B ?What can I do and what are the options that I have ? I really need a green card so I am able to receive grants for school  . That would help me a lot. Please and thank you . 

[Transborderwife 4,666]

You do realize that you will have to return to your home country for an interview and medical correct?  Visas cannot be issued in country.  

[aleful 1,905]

hi

 

you are incorrect, when your brother filed for your mom, you weren't a beneficiary, there are no derivative in parents petitions, or you would have gotten your GC with your mom, it was just information about you. secondly, TPS is only temporary, it doesn't give you a pathway to a GC. you can't adjust status in the US, just because you have a temporary work permit, you will have your interview in your country

 

there is nothing you can do, you will most likely be changed to category F2B when you turn 21, under F2A, you still have close to a year more of waiting

 

 

 

 

[Transborderwife 4,666]

Just now, aleful said:

hi

 

you are incorrect, when your brother filed for your mom, you weren't a beneficiary, there are no derivative in parents petitions, or you would have gotten your GC with your mom, it was just information about you. secondly, TPS is only temporary, it doesn't give you a pathway to a GC. you can't adjust status in the US, just because you have a temporary work permit, you will have your interview in your country

 

there is nothing you can do, you will most likely be changed to category F2B when you turn 21, under F2A, you still have close to a year more of waiting

 

 

 

 

If her mother was a USC, she could adjust status with current TPS.  Unfortunately for OP this is not the case.

[Jeanfifa09 0]

I was told I could do adjustment of status , because I been legal throughout my years in the United States . The tps has allowed me to stay . My mom had tps and she did adjustments of status from tps to green card with no problem. I thought that I should be able too . 

[Jeanfifa09 0]

There aren't anything I can do that I can do , like expedite my case, that could help me stay in my current category as F2A ?

[Transborderwife 4,666]

1 minute ago, Jeanfifa09 said:

I was told I could do adjustment of status , because I been legal throughout my years in the United States . The tps has allowed me to stay . My mom had tps and she did adjustments of status from tps to green card with no problem. I thought that I should be able too . 

She adjusted status because she had a US Citizen child to sponsor her.  You do not have a qualified US citizen to do so for you at present.  Your only route at present to a greencard is either to go home and do consular processing or wait until your mother is a citizen and can adjust your status.

[Transborderwife 4,666]

2 minutes ago, Jeanfifa09 said:

There aren't anything I can do that I can do , like expedite my case, that could help me stay in my current category as F2A ?

No.  And again you'll have to return to your home country for interview and medical.

[Ninahi 53]

Seek an immigration lawyer, many offer free or nominal fee "initial consultations". They'll have a much better grasp of what you can and can't do.

Good luck nonetheless.

[cjp72015 0]

You should take a look at form I-698 on Uscis website. I also attached it,  maybe you fall under this category as far as adjustment of status. 

i-698instr.pdf

i-698.pdf

Edited January 24, 2017 by cjp72015

[Ontarkie 14,280]

~~Moved to Bringing Family Members of Permanent Residents, from AOS Family as the OP is not Adjusting from a K1 and is waiting processing of F2A~~