child status protection act

[UST 0]

I need advise on what forms to complete in order for my Uncle to bring his 3 children with him when he & wife migrates in the USA. Here's his background:

Timeline:

• Year: 1987

o Petitioner = US Citizen,

o Filed Form I-130 to petition his brother (including wife and 3 children) preference cat: F-4

 Alien Relative: Brother married with 3 children

• 3children were born on Sept 1973, Dec 1976 and Sept 1978

o 04/21/1987: Petition filed

o 06/18/1987: Approval of petition received

o

• Year : 1987 thru 2008 = waiting period

• Year: 2009

o 07/20/2009: Received NVC IV Fee instructions for Alien Relative the brother and his wife only. Did not receive IV fee instructions for the 3 children

For now, my uncle have not paid for his & his wife’s IV fee because he is trying to find out why he did not receive the same IV fees for his 3 children.

The 3 children are still under 21 when the petition was approved on June 1987. In the meantime, while waiting, the children “aged-out” and are now over 21 years old but all are still single.

Given all the information above, how does the CSPA (Child Status Protection Act) apply to his 3 children? If applicable what FORMS does he need to complete so that his children can join him when he comes to the US?

[NArocks 13]

the CSPA freeezes the child age while the petition is still in the hands of the USCIS. Once approved the children will age out if the petition was not held for years before an approval from USCIS. Here is a link to the pinned thread where you can place the information in the sheet to see if CSPA applies

CSPA link