Please advise

[axj4479]

I'm a married, 29-year-old Indian working on H1B in the US. Here is my case with a family-based petition and I'd really appreciate your inputs:

2003 - My mother's sister (US citizen) files a family-based green card petition for my mother. I was 14, and in India at the time. My father & I are also a part of this petition.

2010 - I turned 21 and was still in India at the time.

2011 - I moved to the US on an F1 visa to pursue a Master's degree.

2015 - I moved from an F1 visa to an H1B.

Early 2016 - Our case becomes current and further processing and documentation requests begin

December 2016 - I get married and am still working on H1B in the US.

2017 - Green card is approved. However, I am no longer a part of this petition, i.e, my parents get a green card, but I don't.

Since all this happened in India, I have no idea why I was knocked out of this petition. I have heard varying accounts, everything from me already being in the US on a different visa, to be turning 21, marriage etc. The petition was filed way before I turned 21 and got married, or even moved to the US, and picked up after I turned 21 and moved to the US. I wasn't married when the petition was picked up.

I'd really appreciate your input. Do you think something is wrong here, and do I still qualify for a green card under the original petition?

Thank you.

[newacct]

I'm a married, 29-year-old Indian working on H1B in the US. Here is my case with a family-based petition and I'd really appreciate your inputs:

2003 - My mother's sister (US citizen) files a family-based green card petition for my mother. I was 14, and in India at the time. My father & I are also a part of this petition.

2010 - I turned 21 and was still in India at the time.

2011 - I moved to the US on an F1 visa to pursue a Master's degree.

2015 - I moved from an F1 visa to an H1B.

Early 2016 - Our case becomes current and further processing and documentation requests begin

December 2016 - I get married and am still working on H1B in the US.

2017 - Green card is approved. However, I am no longer a part of this petition, i.e, my parents get a green card, but I don't.

Since all this happened in India, I have no idea why I was knocked out of this petition. I have heard varying accounts, everything from me already being in the US on a different visa, to be turning 21, marriage etc. The petition was filed way before I turned 21 and got married, or even moved to the US, and picked up after I turned 21 and moved to the US. I wasn't married when the petition was picked up.

I'd really appreciate your input. Do you think something is wrong here, and do I still qualify for a green card under the original petition?

Thank you.

First, you may or may not have aged out. You age out if you turn 21 before a visa number becomes available; however, the length of time the I-130 petition is pending (i.e. the time from when the I-130 was filed until the I-130 was approved) is subtracted from your age. You did not say when the I-130 was approved, so it's not possible to tell whether you aged out. Assuming a visa number only became available when you were about 27, the I-130 would have had to be pending for more than 6 years for you to not have aged out.

Second, you must remain unmarried before you immigrate. The fact that you married before you became a permanent resident means you are ineligible to be a derivative beneficiary. Even if they started processing your case, and even if you got an immigrant visa, if you marry before you enter the US with that immigrant visa, you become ineligible.