Bringing Son to US

[doug2651 0]

My Mother in law is a Green Card Holder.

We sent in the I-130 last week for her son.

He will be 21 on August 22, 2011.

Will he get his visa as a child under 21.

When do they consider his priority date?

Thanks everyone for your help.

Doug

[JimVaPhuong 4,863]

My Mother in law is a Green Card Holder.

We sent in the I-130 last week for her son.

He will be 21 on August 22, 2011.

Will he get his visa as a child under 21.

When do they consider his priority date?

Thanks everyone for your help.

Doug

First, his priority date is the date the I-130 petition is received by USCIS. The receipt notice your mother receives will have the priority date clearly marked on it.

Second, your brother will not be considered a child for the purpose of the visa. He will age out while waiting for his priority date to become current. His age will be calculated at the time a visa number becomes available for him. When calculating his age they will subtract the time between when the I-130 was received and the time it was approved, but they will NOT subtract the time he waits for his priority date to become current. The Child Status Protection Act is designed to protect children who age out while waiting for USCIS processing, but waiting for the priority date to become current has nothing to do with USCIS dragging their feet. Waiting for the priority date to become current has to do with statutory limits on the quantity of visa numbers that can be issued in each category each year, and the number of people waiting in line for those visa numbers.

[doug2651 0]

Thanks for your help.

From what you said, it sounds like he will not have his visa number in time to qualify for a visa under 21 years of age.