Age out over 21 any chance? 2000/2007?

[Kilan21]

Hi, I have a couple of questions and I was wondering if anybody could help me out? please bear with me as I try to make the best sense out of my situation to my knowledge. My dad filed for his labor certification in 2000 however, he later withdrew it because his employer went out of business (under EB3). At that point he also applied for my mom(46 years), my two sisters(12 and 20) and me(14). . In 2005 our visa expired. However, he was able to reapply in 2007 through a new emplyer even though we were out of states just because he applied back in 2000. In march 2008 his labor i140 was approved. Now his waiting until the visa bulletin becomes current to apply for 485i. His priority date is November 2007. My older sister who is 29 now and is married and the spouse has been able to apply for her. The problem that I see and I'm wondering is that at the time he applied for i140 in 2007 November, I have become over the age of 21. I was 21 years + 6 months old (unmarried) now 23 years old. So the question is there any chance that my dad can also file for me? because he applied back in 2000 and at the time my age was locked at 14? Its complicated to me and i was wondering if anyone can make any sense out of my situation? Sorry if I made it sound a bit too complicated.

Thank You,
Kilan

 

[Jackolantern]

You won't be eligible under the CSPA, because you were 21 before his I-140 was filed. So you can't be classified as an under-21 child, and therefore cannot obtain a green card as a derivative of his green card process.

However, you might be eligible under 245(i) for a green card via another route. Such as having your father file for you after he obtains his green card. See an immigration lawyer to explain the full story of your situation and discuss your options. Tell them you aren't planning to use a lawyer for the actual process, you only want a one-time consultation for advice on your options. Otherwise some of them might tell you to pursue an option that makes money for them but it is in reality impossible or nearly impossible for you to get approved.