am I eligible to join my family's AOS app?

[rahzelia]

I'm 21 yrs old, F1 visa. My family's petition was filed on Sept 2011, and our priority date will most likely be current by Oct 2014. When they file for the AOS, will I be able to join them?

I was 18 yrs old when the petition was filed, and then a year after I moved to F1 visa to remain in the US lawfully. My lawyers (old and new) gave me conflicting answers, would just want to hear a general consensus if I have a shot at getting a green card along with my family's application

Thanks for all the help!

[rayb]

Will your parents be processed for immigrant visas outside the U.S., or will they already be in the U.S. waiting for Priority Date eligibility?

--Ray B

I'm 21 yrs old, F1 visa. My family's petition was filed on Sept 2011, and our priority date will most likely be current by Oct 2014. When they file for the AOS, will I be able to join them?

I was 18 yrs old when the petition was filed, and then a year after I moved to F1 visa to remain in the US lawfully. My lawyers (old and new) gave me conflicting answers, would just want to hear a general consensus if I have a shot at getting a green card along with my family's application

Thanks for all the help!

[rahzelia]

We are currently all residing in the US.

[rayb]

Rahzelia,

By the time the Priority Date is current, you might be considered to have aged out. Whether the "Child Status Protection Act," CSPA, will protect you from the "aging out" penalty, I cannot say for certain.

If your parents were being processed abroad, this could be decided while the paperwork would be at the National Visa Center, or even at the Embassy interview. But all you can do when the Priority Date becomes current is to submit a derivative (from parents) Adjustment of Status and see if it will be processed under the CSPA provisions for you.

--Ray B

We are currently all residing in the US.

[rahzelia]

Thank you for the advice, ray. I will speak to the lawyer with more specific questions in regards to aging out then.