Dependent of a sponsored parent

D

Direstrife

New Member
Hello everyone...

My father was petitioned by my grandmother for permanent residence way back in 1992. My dad said he will get called within the next 1-2 years as immigration is now calling those who applied in Aug 1991 (my dad filed his application Jan 1992).

My question is... when my father filed his application, I was included in that as a dependent. I was only 9 years old back then. Now I am 27 years old but still unmarried. When my dad gets his green card do I automatically get it as well?

Thanks guys for the advise.

Direstrife.
 
This should be sometime in 1991 (before June). I'm afraid I don't know the exact date... My father filed the papers in January 1992 though..
 
I've read something about Child Status Protection Act (CSPA) and "derivative beneficiary" but I don't understand exactly how these work. Is there anything my father should do in order to retain my eligibility for immigration?

Thanks in advance for the help.
 
Direstrife said:
This should be sometime in 1991 (before June). I'm afraid I don't know the exact date... My father filed the papers in January 1992 though..
Click to expand...
If your grandmother filed the I-130 in 1992 (as described in your first post in this thread), it could not have been approved in 1991.

How the CSPA basically works is that you get to subtract the time spent when the I-130 was pending from your actual age. So with you being 27 now, the I-130 would have needed to take more than 6 years to be approved in order for your adjusted age to be below 21. And your CSPA-adjusted age needs to be below 21 for you to qualify for a derivative green card based on the petition that was filed for your father. So you need to know when the I-130 was filed and when it was approved.
 
A = Date the I-130 was filed
B = Date the I-130 was approved
C = B - A
D = Your age when your father's GC is approved

If D - C is less than 21, you get a GC, else you do not.


Direstrife said:
I've read something about Child Status Protection Act (CSPA) and "derivative beneficiary" but I don't understand exactly how these work. Is there anything my father should do in order to retain my eligibility for immigration?
Click to expand...
 
Thank you, Triple Citizen. If that is the case then I think I don't qualify for a GC now. My grandma is a US citizen when he petitioned my dad and 'twas a pretty straightforward case. It's highly unlikely that the I-130 would be pending for approval for 6 years of more, don't you think? Anyhow, thanks again for the advise. I'll ask dad to get in touch with the embassy for more details.
 
Direstrife said:
Thank you, Triple Citizen. If that is the case then I think I don't qualify for a GC now. My grandma is a US citizen when he petitioned my dad and 'twas a pretty straightforward case. It's highly unlikely that the I-130 would be pending for approval for 6 years of more, don't you think?
Click to expand...
USCIS is so inefficient that sometimes there are I-130's pending for more than 7 years. So don't assume it took less than 6 years. Ask your father or grandmother for details of the I-130 filing date and approval date.
 
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