Confused Son Of US Citizen

[rombios 0]

Here is my story in a nutshell:

Male/32 years old

Parents brought me to the US (from Africa) at the age of 8.

I have resided here since ... never left the country

Mother became a permanent resident 10 years ago, at which point she filed for me and I went on an interview in 2005

Case set as "pending", then rejected. Told visa numbers were not available.

Mom became a citizen in 2005, I130 she filed for me was amended (approved) and I was giving march 2005 as priority date

and told to file an adjustment of status when my priority date was due.

I guess its F1 - unmarried son/daughter of US citizen.

4 months ago mom received the I864 affidavit of support and I received the DS230. Confused I called the NVC and was told that

I needed to write CIS and remind them that I reside here because the DS230 path is for petitioners who do not reside in the

US

My case is a rare type since most family preference cases are spouse/fiancee ... and where children are involved they are

usually under 21 and are automatically granted a gc under their parents petition

Surely someone has gone through or going through what I am going through.

Whats my next step. August 2004 is the current priority date. I am unsure why they have revisited this process before priority date is due

[aleful 1,905]

Here is my story in a nutshell:

Male/32 years old

Parents brought me to the US (from Africa) at the age of 8.

I have resided here since ... never left the country

Mother became a permanent resident 10 years ago, at which point she filed for me and I went on an interview in 2005

Case set as "pending", then rejected. Told visa numbers were not available.

Mom became a citizen in 2005, I130 she filed for me was amended (approved) and I was giving march 2005 as priority date

and told to file an adjustment of status when my priority date was due.

I guess its F1 - unmarried son/daughter of US citizen.

4 months ago mom received the I864 affidavit of support and I received the DS230. Confused I called the NVC and was told that

I needed to write CIS and remind them that I reside here because the DS230 path is for petitioners who do not reside in the

US

My case is a rare type since most family preference cases are spouse/fiancee ... and where children are involved they are

usually under 21 and are automatically granted a gc under their parents petition

Surely someone has gone through or going through what I am going through.

Whats my next step. August 2004 is the current priority date. I am unsure why they have revisited this process before priority date is due

No wonder you are confused! The person that you called at the NVC gave you the wrong information. Unfortunatly, you do have to go through consular process because children over 21 of a USC aren't elegible to adjust in country unless you currently have a legal visa and you have never been ilegally in the country, such as a student visa, or work visa, or you are covered under a certain law, such as the one that was in 2001, the 245i law. unless, there was a petition on your behalf before April 30th 2001.

you will go through consular processing, your residency will be denied, and you mom will have to file the waiver and the hardship letter. your priority date isn't current yet, but the NVC has started to gather your paperwork. whey your priority becomes current, they will send you the interview date.

Also your first petition should have been denied as well because children of residents cannot adjust in country either. Only children under 21 of a USC as you said. the rest of us have to adjust in their country of origin.

I am a child over 21 of a USC, luckily, my mom filed for me in 1999 and I was able to adjust in country due to the 245i law by paying a fine.

HOw did your parent's become LPR? was there any type of petition where your name appeared on the i130 before April 30th 2001? That would be the only solution to stay here.