Petition approved, but not eligible to file I 485

TheRealCanadian said:
Was your uncle's I-130 for your mother filed before April 30th, 2001? There's hope for you.
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The uncle's provision doesn't really provide any new hope, unless retrogression kicks in after next month. Junior is eligible for a consular interview next month through his mother's petition, and his sister is doomed regardless of which petition she uses. Her only hope is if the AOS was filed when she was still under 21 and still in lawful status, and it was not denied for failing to show up at the interview.
 
Jacko and TRC - where do you see an "uncle" in this story? It's was OP's brother who filed for his mother.
 
VisaNutz said:
Jacko and TRC - where do you see an "uncle" in this story? It's was OP's brother who filed for his mother.
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Oops, I misread and thought he was referring to his mother's brother. But given that it was the OP's brother who was the petitioner, Junior and his sister would not have been eligible for derivative green cards anyway, so the interview appointment would have been pointless even if they attended.
 
TheRealCanadian said:
Oops
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Jackolantern said:
Oops
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I hate you guys :p!! I must have read OP's post 15 times to find that "uncle" reference - I told myself BOTH of you guys can't have a slip-up like this - so it had to be my chicken-brain which was incapable of seeing what both of you saw.

Anyway, it's not everyday you get to see TheRealCanadian and Jackolantern start their posts with "Oops" - in the same thread, in consecutive posts!!!
 
So, Junior, as far as I understand - your brother had originally filed I-130 for your mother, your sister and you. All 3 of you filed I-485 (AOS) based on the respective I-130s your brother had filed.

Now, you mentioned -
"She filed our applications, as in, my mother's and both mine and my sister so that we would receive our GCs along with my mother's. For some unknown reason, our petitions were processed first, Mine and my sister's, and they had scheduled our appointment. "

Well, there was nothing "together" about the applications - they are ALL separate applications. Your/your sister's application HAD NOTHING to do with your mom's application.

Also, here's the reason why your/your sister's petition got "processed" sooner - because it would have been denied anyway- both of you weren't eligible do AOS. So, the lady WAS RIGHT - if you guys had attended the interview - USCIS would've denied the AOS, and possibly start deportation proceedings against you and your sister. And it wouldn't be because your mom's GC wasn't approved - like I said, that has NOTHING to do with your/your sisters application.

Right now, both you AND your sister cannot do AOS in the USA because of overstay/illegal presence. You have a chance to leave this country and get your immigrant visa from outside of USA (via consular processing) ONLY if they forgive your overstay since you were under 18. Your sister, however, does not have any chance to see a GC in the near future, unless she marries a USC.
 
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