Can I still get a green card after turning 21?

mugenblst

New Member
My Step father has a green card but he is not a US Citizen (just a legal resident). He filed an I-130 for my mother in February of 2000. He then filed for me and my brothers in July of 2000 . My birthdate is Dec 31st of 1985, I was 14 years old at the time. I received the approval noticed for my I-130 in March of 2005 and then applied filed the I485 in July of 2005. This September we had our interview with the immigration official, He told us everything was fine and that they would send us our Green Cards by mail when they reached our priority date, the thing is that at the time they were processing the people with priority dates before September of 1999. He also told me that I wouldn't be eligible for a green card after I become 21, because my step father was not a US citizen he was only a US resident. My mother got her green card last month, but my brothers and me are still waiting for it. I turn 21 years old on Dec 31st of this month. I have a V2 visa which expired in June of this year, my work permit expires on august of next year.

When I go to the USCIS website to check the status of my case I get the following message:

"Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Fingerprints review completed.

Review of the fingerprints taken relating to this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS has been completed. Processing of this case continues. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our MISSOURI SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."

When I check the processing dates for the Missouri Service center they don't show anything for I-485's ...

I would like someone to tell me what are the options for me after I turn 21? will I get the 45 days extension under the patriot act sect 424? Or that does not apply to me since my step father is not a citizen?. I'm a senior in college and I would at least like to get my bachelors before I have to leave the country. Also, could my mother still file for me after i turn 21?(she got her GC this year), since my V2 expired while they were processing my I485 would those 6 months I spent without the V2 count as time I stayed as an illegal alien in this country?.
 
mugenblst said:
Does anybody know? :/

How many days your I-130 took? Check the Child status protection act. Go to the Local office and inform them. Call the Customer service and inform them that you are aging out.

Most important Hire an experienced attoney in these matters.
 
My I-130 was filed in 2000 and I received the approval notice in 2005, I'm just wondering if the child protection act applies to me, even though my step father is not a US citizen.
 
mugenblst said:
My I-130 was filed in 2000 and I received the approval notice in 2005, I'm just wondering if the child protection act applies to me, even though my step father is not a US citizen.


Also needs to check if you are eligiable 245(i).
 
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