Can and should I withdraw the I-130 for my case?

[Alegna 0]

I came to America when I was 8.5 years old via a tourist visa. Needless to say, I overstayed my visa and grew up in America. My father won the Visa Lottery and gained legal permanent residence. He then filed a I-130 for my brother and I. Since my parents divorced years ago, my mom wasn't eligible. The case was denied and so we appealed and submitted the application again. According to the USCIS website the case is being processed and was received on Nov. 2006. My father died suddenly in September, 2007. I did some research and apparently the "Family Sponsor Immigration Act of 2002" would allow a family member to sponsor me, but only if the death of the petitioner occurred after the approval of the I-130, which is not the case.

In the meantime my mom remarried a US citizen almost a month ago.

My question is then.. if my dad's I-130 is not withdrawn could I face deportation? Is there any way for me to withdraw it? Will my mom have a hard time obtaining a Green Card due to her illegal status? I will be turning 21 in May, would I still be eligible to obtain a Green Card through my mom's marriage?

I'm just so confused, can someone please offer me some advice? I'd greatly appreciate it.

[lheeanne 0]

I think you might be needing a legal counsel or an attorney. Goodluck!

[pushbrk 12,824]

I think you might be needing a legal counsel or an attorney. Goodluck!

Yes, attorney time.

Your mother, on the other hand, is probably ok to simply adjust status. Overstays are usually forgiven those who marry a US Citizen but we don't have enough details to really know.