Petitioning a Sister

[Leah 1]

Hello Everyone!

I am a US Citizen, and I am filing I-130 for my sister from the Philippines. I am aware that

it could take more than 20yrs.She is married, has kids ages, 2 & 5 and would be included on the I-130. My question is, does CSPA applicable to her kids when they age out before the visa is available to them?

Thank you and Happy New Year to All!

[Jojo92122 1,924]

Hello Everyone!

I am a US Citizen, and I am filing I-130 for my sister from the Philippines. I am aware that

it could take more than 20yrs.She is married, has kids ages, 2 & 5 and would be included on the I-130. My question is, does CSPA applicable to her kids when they age out before the visa is available to them?

Thank you and Happy New Year to All!

CSPA is applicable only when the PD becomes current. There is no way to know if the law will remain the same or change in the next 20 years while your sister waits for her visa.

Assuming that CSPA applies, the time it takes USCIS to approve the petition is not counted against the unmarried children. The time waiting for a visa to become available at the NVC is counted against the children.

Example 1: It takes USCIS one year to approve the petition. It takes another 19 years for your sister's PD to become current. That's a total of 20 years. It means that the children must be under age 22 (21 years old + the one year it took USCIS to approve the petition) when the PD becomes current to be eligible for visas.

Example 2: It takes USCIS 8 years to approve the petition. It takes another 12 years for your sister's PD to become current. That's a total of 20 years. It measn that the children must be under age 29 (21 years old + the 8 years it took USCIS to approve the petition) when the PD becomes current to be eligible for visas.

There is no way for you to control how long it takes USCIS to approve the petition. There is no way to determine if your sister's children will be able to immigrate with her until her PD becomes current.