QUESTION

question regarding 485 application , dependent child

Asked on Sep 23rd, 2015 on Immigration - Colorado
More details to this question:
My father applied for greed card in EB1 executive category. My mom and I were added as dependents. He filed 140 and 485 concurrently and all three of us received our EAD and AP card. We also renewed it once last month. My date of birth is december 10 1993 and the 'received date' in my 485 application is December 10 2014 which means the form was exactly filed on my 21st birthday. I was told that I will be eligible for green card only as long as it is filed before I reach 21 years of age. Now my father's 140 got approved. Will I get my 485 approved ? or will there be any issues with that regarding this age.
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1 ANSWER

There may be a problem as you were not under 21 at the time the Form I-140 was filed, which means you could not be a derivative beneficiary. Did your father use a delivery service with tracking services? You may be able to adjust your status if you can demonstrate the Form I-140 was received before you turned 21. 
Answered on Sep 24th, 2015 at 4:40 PM

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