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My grandparent petitioned in March 1988 for my mother in the F–3 category, while I was still under 21 (I was born in 1980). Petition was approved by Legacy USCIS in March 1999. I as child was considered a "derivative beneficiary" and therefore included under the Grandparent’s petition. After the petition is approved in March 1999, my mum and family has to sit back and wait many years until the priority date on that petition becomes current (approx. august 2003). Unfortunately, by the time the priority date became current, I was 23 years old.
To the best of my understanding, Even if we were to subtract the 12 month processing time, the child (me) would still be over 21 ( 23 -1 = 22 years old), and would no longer be included under the original 1988 petition, as a derivative beneficiary?
However, I heard there is some automatic conversion clause which deals with persons who age out despite the protections of CSPA, stating that they are entitled to the "original priority date" and should be placed in the "appropriate category.
i.e. that children who turned 21 (and thus no longer qualified as “children” for purpose of deriving status through their parents) before they could become permanent residents with their parents may use the priority dates from their parents' petitions in new petitions filed by their parents to try to obtain permanent residence for these adult sons and daughters.
However it took another three years before my mother arrived in May 2006. (Due to NVC and local US consulate requirements in India).
Once she arrived she filed a fresh petition for me under F2B in June 2007. However the original priority date of Feb 1998 from my Grandparent petition was NOT retained and new petition was given priority date of June 2007
Can anything be done to retain priority date based on my Grandparents original F3 petition approved in 1999 for my mum( when I was still under 21), whereby I was considered a derivative beneficiary.
Please help. thanks in advance.
To the best of my understanding, Even if we were to subtract the 12 month processing time, the child (me) would still be over 21 ( 23 -1 = 22 years old), and would no longer be included under the original 1988 petition, as a derivative beneficiary?
However, I heard there is some automatic conversion clause which deals with persons who age out despite the protections of CSPA, stating that they are entitled to the "original priority date" and should be placed in the "appropriate category.
i.e. that children who turned 21 (and thus no longer qualified as “children” for purpose of deriving status through their parents) before they could become permanent residents with their parents may use the priority dates from their parents' petitions in new petitions filed by their parents to try to obtain permanent residence for these adult sons and daughters.
However it took another three years before my mother arrived in May 2006. (Due to NVC and local US consulate requirements in India).
Once she arrived she filed a fresh petition for me under F2B in June 2007. However the original priority date of Feb 1998 from my Grandparent petition was NOT retained and new petition was given priority date of June 2007
Can anything be done to retain priority date based on my Grandparents original F3 petition approved in 1999 for my mum( when I was still under 21), whereby I was considered a derivative beneficiary.
Please help. thanks in advance.
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