Petitioner became US citizen after i turned 21, CSPA still applies?

Question

my case: i'm 22 now, first applied i-130 may 2003 (priority date), I-130 approved april 2005. visa # for 2FA was avaliable may 2008 meaning that im coverded by the child status protection act if i do the formula. but here is the question my mom the petitioner became a us citizen the first week of june 2008 and we applied for I-485 and I-765 june 19. got fingerprints done july 12, im waiting on the EAD and interview letter, can i get denied in the interview because i was 21 when my mom became a citizen or will they use the priority date when she was a permanent resident? i have a brother who is 2 years younger than me so he is safe no matter what, as he is now an immediate relative of a us citizen. but im screwed if they moved me to the 1FA category. was it a mistake that my mom became a us citizen ? my lawyer didn't know about the CSPA, i found it online just last week.i called my lawyer and she said not to worry, but i'm not so sure. does any one know how long it's taking after biometrics to get EAD and interview letter from National Benefits Center (MSC)? thank you all for reading and your information, G.C

Answer 1

It's a somewhat complicated question. However, the file date would remain unchanged whether you are considered in F2a, IR-2 or  F1 classification. If F1 status is a probelm for you, you are probably Filipino as the wait for F1 petitions is longer than the wait for F2a petitions. However, if that's the case, there are special provisions for Filipinos that would allow them to retain their F2 status. I suppose if my attorney didn't even know anything about the CSPA, I wouldn't trust her answer either, but she's probably right.