Diversity Visa - aging out

[avonnista]

I have just been informed at the U.S. embassy that i have "aged out" but when we submitted the application initally, I was 20 yo.
I found the following information on here (link below):

"it may be possible for the child to immigrate with you if the DV application is made before the child turns 21 and the child turns 21 before visa issuance. In such cases, he/she may be protected from aging out and will be treated as if he/she were under 21 years solely for the purpose of processing the visa. However, in order to take advantage of this, the child actually must seek to acquire the immigrant visa within a year of the visa becoming available".
So I have to file for a immigrant visa? But to do so, one of my parents should submit a petition (?) which would take more than a year to process?

[newacct]

Has the fiscal year for which your parents got the DV already ended?

[avonnista]

Has the fiscal year for which your parents got the DV already ended?

Not yet, it ends September 30, 2023.

[newacct]

What is your birthday? What month did a visa became available for your parent's DV rank? What was the date of the DV selection letter?

To not age out, (your age at the time a visa became available for your parent's DV rank) - (time from start of DV registration period to the date of the DV selection letter) must be under 21.

Also, not aging out means you can immigrate as a derivative beneficiary, i.e. you do not have to be separately petitioned by your parents. It's only if you age out or otherwise miss out on immigrating as a derivative beneficiary, would your parents have to petition you (to immigrate as the principal beneficiary of a new petition).

[avonnista]

To not age out, (your age at the time a visa became available for your parent's DV rank) - (time from start of DV registration period to the date of the DV selection letter) must be under 21.

That's the thing, it results in 21 years and 1 month. That's why I'm hoping for what I quoted in my first post (it's from this website) which sounds like I should be able to file for F2A within a year since my mother's DV visa number was published (so Jan 2023).

[newacct]

You are confusing different things. First, it sounds like you aged out, according to your CSPA age. That means you cannot immigrate as a derivative beneficiary. What you quoted about "seeking to acquire within a year of the visa becoming available" relates to CSPA. Since you aged out, CSPA is not relevant.

So your parent (either parent) would have to separately petition you (i.e. file an I-130) to immigrate as the child of a permanent resident. Since you are an unmarried, 21-or-over child of a permanent resident, you will be in the F2B category. There is no way you can be in the F2A category since you are already over 21 when your parent files the petition (the I-130) for you, which they can only file once they enter the US, because only then do they become US permanent residents.