Question about bringing brother and his family to the U.S.

[Jidamin 0]

I'm filing I-130 for my brother and know that it would take about 10-12 years. The problem is his son is now 11. By that time he might be over 21. Would he still be able to come with his parents ? Do I have to do something else in this case ? Thanks a lot.

[aaron2020 11,651]

I'm filing I-130 for my brother and know that it would take about 10-12 years. The problem is his son is now 11. By that time he might be over 21. Would he still be able to come with his parents ? Do I have to do something else in this case ? Thanks a lot.

There is nothing that you can do.

Currently, the Child Status Protection Act (CSPA) provides reflief for children who age out (are over 21 when a visa becomes available). Generally, the time that USCIS takes to approve the application is not counted in determining the child CSPA's age. Time at the National Visa Center is counted.

To illustrate; USCIS takes 3 years to approve/process your brother's I-130. The NVC holds the application for another 9 years until your brother's priority date becomes current. That's a total of 12 years. Your nephew will be 23 years old. However his CSPA age will be 20 because the 3 years that it takes USCIS to process your brother's I-130 do not count against your nephew. (If USCIS takes 1 year and NVC takes 11 years; your nephew's CSPA age will be 22 and he will not be able to immigrate with his father.)

However, there are certain conditions that need to be met; i.e., nephew must seek to adjust within 1 year of the priority date becoming current. Another potential roadblock is that CSPA may not be around in 10-12 years. Laws do change.

Your nephew's situation will become clearer as time moves on. There are so many potential changes that can occur in 12 years that no one can predict what will happen.

[Jidamin 0]

Thank you so much aaron2020. I really appreciate your explanation.