What happens to my petition when I turn 21?

It depends. What country were you born in? When was the petition approved?

Yes, you will age out by the time you are 21 if the priority date is not current at the time you turn 21.

You would have your own application. If your grandfather petitioned your parent and you reach 21 before there is a visa, we subtract the period that the actual petition took to get approved from your age. If it adds up to less than 21, you will be okay.

You may qualify for derivative citizenship. *Derivative Citizenship* In some cases, people are U.S. Citizens and do not know it. In this case, it is possible for us to file what is known as a Derivative Citizenship Petition. It is a petition that if approved, will give proof of U.S. Citizenship. There is a significant amount of evidence that would be required for this type of petition, but if done properly, there is a reasonable chance of success.

Although you will file separate paperwork from that of your mother once you turn 21 and a future immigrant visa slot becomes available to you based upon your longstanding priority date (September 1997) in F3 family-sponsored classification as a derivative child of your mother's, your previously approved I-130 prior to April 30, 2001 should "grandfather" you in as far as benefits and exemption under INA Section 245(i) for your subsequent adjustment of status process.

This is a tough one to answer without knowing some more information. The Child Status Protection Act (CSPA) was enacted about ten years ago to deal with some of these issues. Truth is that many visa categories are so backlogged that a child included as a derivative beneficiary of a petition filed on behalf of their mother or father can "age out" by the time the visa is current and ready to be used. The CSPA can protect that from happening, but whether the CSPA will apply really depends on knowing some information which is not included in your inquiry. My recommendation would be that you contact a knowledgeable and competent immigration attorney who can review your paperwork and help you with attempting to figure out whether the CSPA applies. Turning 21 does not necessarily create a situation where you are no longer considered a derivative beneficiary of the application, but there is a lot more to figuring out what the CSPA provides you with any protection. Good luck.