still bound to mom

[Aurelius 1]

ok guys, the interviewing said that she couldn't approve my case because my mother is not a PR yet, and since she went on her interview two months ago once she's approve then i'll be approved.

MY Question is that i'm over 21, and i'm not justing under my mother...my stepfather is petitioning me.

any thoughts

[eau_xplain 2]

Your relationship to your step-father is because of your relationship of your mother to him. That is why they have to wait for your mother's AOS to be approved before they will approve yours.

[Aurelius 1]

yeah, I would agree...if i was under 18, but since i am now over 21. we have 2 different cases

[florida_guy07 0]

Your relationship to your step-father is because of your relationship of your mother to him. That is why they have to wait for your mother's AOS to be approved before they will approve yours.

A US citizen CANNOT petition for a step-child if the child is over 18. After 18 the "child" is no longer considered a "step-child" and cannot receive the benefits of AOS through the US citizen (parent's spouse).

[Aurelius 1]

If the USC married before the child's 18th B-DAY then he/she can sponsor the stepchild, now adult.

[kitkat1 5]

Your relationship to your step-father is because of your relationship of your mother to him. That is why they have to wait for your mother's AOS to be approved before they will approve yours.

A US citizen CANNOT petition for a step-child if the child is over 18. After 18 the "child" is no longer considered a "step-child" and cannot receive the benefits of AOS through the US citizen (parent's spouse).

The Child Status Protection Act extends benefits to children of US citizens (USC) in the immediate relative category (minor children of USC) under the following specific scenarios:

1. If a United States citizen (USC) files a Form I-130, "Petition for Alien Relative", on behalf of his/her child before the child turns 21, the child will continue to be considered a child for immigration purposes even if the USCIS does not adjudicate the petition before your child turns 21.

Under this situation, the child's age will be determined on the date on which the Form I-130, Petition for Alien Relative is filed, as opposed to when the application is adjudicated for permanent residence.

So the question at hand is whether or not this applies to stepchildren, and whether or not the OP is going to contact the AOS interviewing office to find out if his petition is tied to his mother's because of her relationship to his stepfather.

[Aurelius 1]

whats an OP, and my i-130 was filed when i was 22 years old.

[kitkat1 5]

whats an OP, and my i-130 was filed when i was 22 years old.

You are the OP = original poster

If your I-130 was filed when you were 22 it appears it was too late at least to qualify as "child". What was the code assigned to your petition - what family preference level? I really think need to talk to a lawyer or at least call the AOS office or make an infopass appointment. Your case is very complicated and very confusing.

[Aurelius 1]

i was assigned to the family first category. the tricky part is that the marriage took place before my 18th B-DAY. So then by law my stepparent was established, now that i'm a adult he is still considered as my father. i made an info pass for tomorrow to talk to an IO hopefully they will have some good news for me.

[kitkat1 5]

i was assigned to the family first category. the tricky part is that the marriage took place before my 18th B-DAY. So then by law my stepparent was established, now that i'm a adult he is still considered as my father. i made an info pass for tomorrow to talk to an IO hopefully they will have some good news for me.

What did the lawyer say?

The rule says the PETITION itself has to be filed before the child's 21st birthday. The rule is not dependent on how old you were when they married - it's dependent on how you were when the petition was filed. If it was filed when you were already 22, it was too late to qualify for first preference.