Denied because my father US citizen !

[newprint]

Hi !
I was granted derivative asylum status, as a child of permanent resident of US - my father. In 2006, my father got his US Citizenship.

Filed for I-485, and was declined, because my father is no longer a permanent resident. In other words, denied because my father is US citizen !!!

What should I do ???

Thanks !

 

[Jackolantern]

Was your I-485 based on your derivative asylum status? If yes, unfortunately you lose eligibility for a derivative green card when the primary (your father) becomes a US citizen.

Are you under 21? If yes, your father can file a family-based GC application for you as an Immediate Relative.

 

[newprint]

Was your I-485 based on your derivative asylum status? If yes, unfortunately you lose eligibility for a derivative green card when the primary (your father) becomes a US citizen.

Are you under 21? If yes, your father can file a family-based GC application for you as an Immediate Relative.

I guess it was filed under derived asylum status.
I am 27 years old, however, I just checked I-130 (Petition for Alien Relative), and here is what I found.

Who May File Form I-130?
1. If you are a U.S. citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:
2. If you are a lawful permanent resident of United States, you may file this form for:
A. Your husband or wife;
B. Your unmarried child under age 21;
C. Your unmarried son or daughter age 21 or older.
A. Your husband or wife;
B. Your unmarried child under age 21;
C. Your unmarried son or daughter age 21 or older;
D. Your married son or daughter of any age;

Well, I am over 21, and unmarried.

I-130 applies to me ??? Should I resubmit I-485 along with I-130 ???

 

[Jackolantern]

You can't file the I-485 together with the I-130, because you are over 21 and your category (unmarried son or daughter 21 or older) currently has a 5-year wait (i.e. 5 years after filing the I-130) to become eligible to file the I-485.

You need a consultation with an immigration lawyer who has experience with asylum cases to help figure out your options. You might be illegally present now, if your asylum status has been lost due to your age or your father's naturalization.