"Self petitioning" in Family Based category

[UScit1ab]

Hi,

My parent (excuse the amibiguity hereby) became citizen several years ago. I qualify for First Preference. I have proofs of marriage of my parents, then birth certificate (that is, biological parenthood) and years later divorce. Financial requirements and Affidavit of Support are not a problem to me. Can I apply for Family Based GC even without parent's cooperation/knowledge?

Furthermore, the file-to-join benefit sounds confusing to me. Doesn't it contradict the visa queues and Priority Dates? Parenthood predates the time when parent became Permanent Residence, and "relation" subsists, as there's no equivalent of divorce between parent and (adult) child. Does that mean I would be exempt from visa queue?

Thanks in advance for your advice.

 

[Jackolantern]

My parent (excuse the amibiguity hereby) became citizen several years ago. I qualify for First Preference. I have proofs of marriage of my parents, then birth certificate (that is, biological parenthood) and years later divorce. Financial requirements and Affidavit of Support are not a problem to me. Can I apply for Family Based GC even without parent's cooperation/knowledge?

No.

Furthermore, the file-to-join benefit sounds confusing to me. Doesn't it contradict the visa queues and Priority Dates? Parenthood predates the time when parent became Permanent Residence, and "relation" subsists, as there's no equivalent of divorce between parent and (adult) child. Does that mean I would be exempt from visa queue?

Follow-to-join is only for derivate beneficiaries. To be a derivative beneficiary to your parent, you must be under 21* and unmarried, and your parent must be a permanent resident or be pursuing adjustment of status in a category which allows derivatives. You're too old and your parent is a citizen, so you don't qualify.

As far as visa queues and priority dates are concerned, the derivative beneficiaries would have the same priority date and be placed in the same category as the primary applicant.


*there is an age adjustment for the CSPA, but if you're in Family 1st Preference you're too old anyway.

 

[UScit1ab]

Thanks Jackolantern.