In July 2005, My mother filed for adjustment of status under 245(i), based on an approved petition filed on her behalf by my aunt in 1993. My mom was out of status, but since the petition was filed before January 14th 1998, she qualified to file for adjustment of status under 245(i). I on the other hand, "aged out" by turning 21 several years ago, but as I understand it, I'm considered to be a derivative beneficiary of the original petition filed by my aunt, and this entitles me to the benefits of 245(i).
My question is this, if everything goes well, and my mother receives her green card, can she file form I-130 on my behalf, or will some other family member have to file for me? Also, if form I-130 is filed on my behalf, will the fact that my I-94 (Arrival/Departure Record) is expired, and I'm out of status, automatically cause my petition to be denied? Any help you guys can give me, would be greatly appreciated. Thanks.