Child Status Protection Act - Filed i-130

[mskp1320]

Hi,

I am 23 years old (Kenyan citizen) and my sister (us citizen) filed a I-130 for my parents on 2018 and put a separate I-130 file for me on 2017, during which time I was 19 years old. I have been mentioned as a dependent on my parents I-130.

My parents received their interview call Nov 5th - is there any way that they can request that I (their son) be allowed to come to USA through the child status protection act? I am 23 years old, unmarried and dependent on my parents.

Thanks in advance.

[newacct]

Your parents, as parents of a US citizen, are in the Immediate Relative category, which cannot have derivative beneficiaries. So you cannot immigrate as a derivative beneficiary of your parent. You can immigrate in one of two ways:

* Through the I-130 that your sister filed for you. This is in the F4 (sibling of US citizen) category. If you look at the latest https://www.immihelp.com/all-visa-bulletins/, visa numbers are available in this category for people who were not born in India, Mexico, or the Philippines, whose I-130s were filed around 13.5 years ago. So if trends remain, it will be in the 2030s before a visa number is available for this petition. There is no CSPA issue here since age is not relevant for this category.

* Through a new I-130 that either of your parents file for you after they immigrate. They can file it as soon as they enter the US on their immigrant visa (they do not need to wait for the physical green card). It would be in the F2B (unmarried over-21 child of permanent resident) category. Visa numbers are available in this category for I-130s filed around 6 years ago, so this should be faster than your sister's petition. In order to immigrate on this petition, you would have to remain unmarried this whole time, since there is no category for married children of permanent residents. Your petitioning parent would also have to remain domiciled in the US. There is no CSPA issue here since you are already over 21 at the time this petition will be filed.