LPR filing petition for Child under 21

[PrakashJi 0]

Hi,

I am a US citizen and my dad will be here as LPR in few months. I've a brother aged 20. I don't want to file for my brother as 'sibling of USC' as it has longer wait time.

I understand that, when my dad comes here, then he can file petition for my brother (his child under 21), which has shorter wait time (about 4-5 years).

My question is:

The processing will take 4-5 years and by that time my brother will be 24-25 years. What happens to such kind of petition where beneficiary turns 21?

Thanks

Prakash

[payxibka 10,047]

Still an F2 classification

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents.

[NArocks 13]

Once the person turns 21 though they go into the classification of F2B and it adds about 4 more years to the process. See link http://travel.state.gov/visa/frvi/bulletin...letin_4438.html

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent

Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

CSPA may or may not apply look at the link http://www.visajourney.com/forums/index.php?showtopic=110679 to see if you brother may qualify, however not sure he will. So the wait will be around 7-9 years it looks like.

Edited March 18, 2009 by NArocks

[jula 0]

What happens to such kind of petition where beneficiary turns 21?

it will put in appropriate category: yes, still F2 but the question is F2A or F2B

Your brother's age will be calculated as turning 21 does not automatically means he is also over 21 for immigration purpose. To put it simple, your brother will be considered under 21 if his age at the time priority date becomes current (4-5 years from filling) is less then 21+days I-130 was pending.

So, if I-130 filed May 2009 and approved May 2013 (4 years), your brother can even be 25 (21+4) but still considered a child under 21. This is rough, days will matter. If I-130 is approved within a year or two, he will age out of F2A and be in F2B... which means longer wait (9 years total)... but at that point your father may become US citizen and upgrade the petition to F1 (total wait 7 years)... taking off 2 years. Makes sense?