Son of US Resident waiting for priority date

sammy110

New Member
Hello! Im new to this site and i need some help with my immigration case. I'm a 30 year old man born in Mexico. I came to the U.S. in 1988 at the age of five or six. My father, who is a U.S. resident started the immigration process until 1999 when i was 17 under the Family Unity Program. Since then i have been issued a work permit or Employment Authorization Permit. I wasn't aware that there was an age limit for this process but when the package was submitted i was under 21. But when my family tried to adjust my status (with the help of an immigration lawyer) I-485 i didn't qualify since i was over the age of 21. Oh and by the way I'm single, never been married with no children. Where can i check the date i can adjust my immigration status and obtain my permanent residency? Thanks in advance.
 
When did they apply for your adjustment of status (the one that got rejected)? When did you receive the employment authorization? Did your father become a US citizen?
 
When did they apply for your adjustment of status (the one that got rejected)? When did you receive the employment authorization? Did your father become a US citizen?

My mother, sister and I were going to adjust the status to lawful permanent resident approximately five years ago when i was 25 or 26 years old (2008). My mothers application went through and since then she is a permanent resident. But the lawyer said i didn't qualify to adjust status at the time because i was over 21. I have been applying under the Family Unity category and for about 12 years have been receiving work permit (apply every two years). Just this past January i applied for employment authorization, i already got my appointment for fingerprints. My father has not become a U.S. citizen and he won't. If it wasn't for my mother who started the process, I wouldn't have my work permit right now. If my initial package was submitted in 1999 and was accepted, any idea of when i can adjust my status? Or where can i get that info? Thanks.
 
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Looks like the "family unity" thing you're talking about is the V visa, which you were able to obtain because you had an F2A petition filed on your behalf before the cutoff date at the end of 2000.

But you've since aged out into the F2B category, for which the priority date cutoff for Mexico is currently Feb. 1993! See http://www.travel.state.gov/visa/bulletin/bulletin_5900.html

Yours was filed in 1999, so you have about another 6 years of waiting. Even if your father became a US citizen it wouldn't help much, as that would move you to the F1 category which also has a cutoff date in 1993, but some months later. However your father becoming a citizen would enable you to get married without nullifying the petition that was filed for you. With him as a permanent resident, if you marry your petition is nullified.
 
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