If your mother was a citizen when she filed the petition for you, your age was frozen on the date the petition was filed. However, if your mother is a permanent resident you are able to subtract the number of days the petition was pending from your age on the date you are first able to file. However, in order to retain the benefit of this rule, you must apply for adjustment of status within one year visa availability. I believe this month or last month your is current. So, you need to speak to a lawyer immediately to make sure that your rights are protected
Presumably your mom is a US citizen? If that's the case, then your age is considered whatever age you were on the date of the receipt notice (your priority date). If however, the I-130 was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized. Does that make sense?
This is not legal advice and no attorney-client relationship has been formed, now or in the future. This is just a casual opinion expressed about a hypothetical situation.
If she did not naturalize, you get to subtract the time the application was pending from your age on the day the priority becomes current. If that lands you under 21, you are a minor for immigration purposes.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
Assuming that your mother is a permanent resident, your age will remain under 21 because they will subtract the petition's pending period from your age on the date of 8/22/2013. It appears the petition was pending more than 20 months and you just turned 21, so you should be still considered under 21.
Law Office of Brian H. Lee, San Jose, California, 408.246.6710 This is general information, not legal advice. This does not establish any attorney client relationship.