Hi,
In July 2005 my mother filed for adjustment of status under 245(i), based on an approved petition that was filed on her behalf by my aunt back in 1993. My mother was out of status, but since the petition was filed before january 14th 1998, she qualified to file for adjustment of status under 245(i). I on the other hand, "aged out" by turning 21 several years ago, but as I understand it, I'm considered to be a derivative beneficiary of the original petition filed by my aunt, and this entitles me to the benefits of 245(i).
My mother recently received her interview notice. My question is, if everything goes well, and she receives her green card, how soon after receiving it can she file the necessary forms for me? Also, when I file for AOS, what would I put down on the form as my basis for eligibility? Do I state that I'm a derivative beneficiary of a petition that was filed for my mother, which entitles me to the benefits of 245(i)?
Mother's Timeline
Mailed forms to lockbox on July 1st 2005 (I-485, I-485A, I-765)
Forms delivered - July 3rd 2005
Received NOA for I-765 July 19th 2005
Received NOA for I-485 & I-485A July 20th 2005
FP Sept. 6th 2005
EAD approved Sept. 6th 2005
Received EAD card Sept. 13th 2005
Received Interview notice March 20th 2006
Interview date May 3rd 2006 in Miami, FL
In July 2005 my mother filed for adjustment of status under 245(i), based on an approved petition that was filed on her behalf by my aunt back in 1993. My mother was out of status, but since the petition was filed before january 14th 1998, she qualified to file for adjustment of status under 245(i). I on the other hand, "aged out" by turning 21 several years ago, but as I understand it, I'm considered to be a derivative beneficiary of the original petition filed by my aunt, and this entitles me to the benefits of 245(i).
My mother recently received her interview notice. My question is, if everything goes well, and she receives her green card, how soon after receiving it can she file the necessary forms for me? Also, when I file for AOS, what would I put down on the form as my basis for eligibility? Do I state that I'm a derivative beneficiary of a petition that was filed for my mother, which entitles me to the benefits of 245(i)?
Mother's Timeline
Mailed forms to lockbox on July 1st 2005 (I-485, I-485A, I-765)
Forms delivered - July 3rd 2005
Received NOA for I-765 July 19th 2005
Received NOA for I-485 & I-485A July 20th 2005
FP Sept. 6th 2005
EAD approved Sept. 6th 2005
Received EAD card Sept. 13th 2005
Received Interview notice March 20th 2006
Interview date May 3rd 2006 in Miami, FL