By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I came to the US as part of an entertainment group. After I entered the US, my US citizen father filed a visa petition for me when I was 20 years old. He did not realize that I also needed to file an application for a green card separately. I am now 22 years old. We just realized that we had to this. Am I even eligible to file for a green card when priority date becomes current?
Spar & Bernstein: Great news! You are still considered an immediate relative of a US citizen. Under the Child Status Protection Act, the appropriate date to determine whether you remain an immediate relative is the date when your father filed the visa petition on your behalf. In this case, it was when you were 20 years old. As long as you have not married, you can go ahead and file your application for adjustment of status (green card) now. You do not have to wait for the priority date to become current because you do not fall into any preference category. Congratulations and good luck!
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