My parents did not file my i485 when their PD became current per Oct20 Visa Bulletin's "Date of filing", though I was 20 years and 9 months only at that time, for the simple reason that my change of status petition (from H4 to F1) was pending (cos petition was filed in January 2020) with USCIS then. Since I had only 7 days (i140 was on premium processing and got approved within a week) to add to my age for CSPA purpose, we chose not to file i485 (as USCIS did not allow "age freezing" for 485s filed based on Date of Filings then) in order to protect COS petition (as lawyers opined that 485 filing would show "immigration intent" that would jeopardize F1 petition). In Jan 2021, I became 21 yrs (CSPA age) and hence could not file i485 when my parents PD became current per Jul21 Visa Bulletin's "Date of final action"). My parents eventually filed I130 (F2B) petition in Sep 2021 immediately after getting their green cards (not sure if this petition would suffice "seek to acquire" requirement. It was within one year from Oct 2020....)
Now that USCIS has brought in this change (allowing age freezing for 485s filed based on Date of filings), can I file 485 now citing extra ordinary circumstance (current USCIS change re CSPA, (i.e) guidance in the policy manual dated Feb14, 2022 and my pending change of status petition then) as a justifications for having not "sought to acquire" within 1 year period.
Please advise.
Many Thanks.
Girish