Aged-out derivative beneficiary

[chuawaaa 0]

Hi there,
My grandmother applied for an F2B(unmarried son or daughter above 21 years of age) visa for my mother, me and my 4 siblings. The petition had been approved and we are just waiting for our visa availability which will most probably be on May 2018.
My question is 3 of us already aged out and even if we calculate our age under CSPA, age is still above 21.
Can you advise if there are other ways for me and my 2 siblings to immigrate with our mom? We are all unmarried. I have read information about CSPA automatic conversion, but not clear as to how it can help. Below are the details:
Priority date: July 30, 2007
Approval date: August 13, 2009
My birthdate: Oct 5, 1992 - Current age 24
2nd sibling birthdate: Sept 12, 1993 - Current age - 23
3rd sibling birthdate: Dec 31, 1994 - Current age 22

[NigeriaorBust 4,087]

 There is no way for you to come with your mother.  You are considered adults and in theory have lives of your own.   If you mother comes and then applies for you , as unmarried adult children . You are looking at a 7 year wait , but the class is one that is being considered for elimination in the current reform talks.

[Jojo92122 1,924]

Unfortunately,  the first two children have already aged out and CSPA can not help them.  The third child will age out on his/her 23rd birthday at the end of this year if the PD is not current by Dec. 2017.

 

There is nothing that would allow you and your siblings to immigrate with your mom.

 

Once your mom immigrates to the US, she can file for unmarried children.  This will take 7 years.  Don't believe the BS that "this class is one that is being considered for elimination in the current reform talks" because there is no such talk.  2 Republican senators proposing things does not make it close to being a law.  This Congress is not going to make such a significant change to immigration laws.

[Unlockable 7,315]

Agreed with @NigeriaorBust. There is a reason there is a age cutoff. You are expected to have your lives as adults. Nothing you can do regarding your mother's petition.

 

As said she can petition for you later but it will be a long wait.

[chuawaaa 0]

Thank you for your answers. So my mom needs to apply another petition for me but the priority date that she had on my grandmother's petition can be retained and in result will make a shorter waiting time as per the USCIS law stated in the link below? Can anyone explain it? https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0625_Post_Cuellar_de_Osorio_PM_Effective.pdf

[Jojo92122 1,924]

34 minutes ago, chuawaaa said:

Thank you for your answers. So my mom needs to apply another petition for me but the priority date that she had on my grandmother's petition can be retained and in result will make a shorter waiting time as per the USCIS law stated in the link below? Can anyone explain it? https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0625_Post_Cuellar_de_Osorio_PM_Effective.pdf

There is no retention of priority date.  The US Supreme Court made the final ruling already.  You quoted an outdated article.

 

You and your siblings will get new priority dates when your LPR mom files new petitions, and the current wait is 7 years.

 

There is no faster path for you and your siblings through your parents.  We have already told you the fastest way.

Edited May 24, 2017 by Jojo92122