My brother just turned 21 before I-130 got approved

[jhunjhun 7]

My mom is a permanent resident and filed I-130 on October 2010 to petition my brother and got approved this month of March 2011. But my concern is that he just turned 21 a month ago before the I-130 was approved. What will happen next? It says in the letter that the CSC will send the papers to NVC. is there anything that we have to concern about? My brother is in the Philippines. I'll appreciate any information.

[Export of Dhaka 8]

Your brother has aged out of the F2A category and now in the F2B category. The petition was pending only for 6 months max, and by the time his PD becomes current in F2A category, it will be so long that CSPA won't help.

[Boiler 45,482]

Nothing to do.

He carries on with his life.

[RICARDO4EVA2 194]

Your brother has aged out of the F2A category and now in the F2B category. The petition was pending only for 6 months max, and by the time his PD becomes current in F2A category, it will be so long that CSPA won't help.

Nothing to do.

He carries on with his life.

[belinda63 3,038]

Wait time for him from the Philippines for the F2B category (unmarried sons/daughters of LPR) is currently about 12 years. His petition will be sent to storage until his Priority Date becomes current then processing will continue.

[JimVaPhuong 4,863]

As belinda said, he's currently looking at a 12 year wait for his priority date to become current.

Here's the kicker. Your mom will be eligible to become a US citizen after she's been a permanent resident for a while - 3 years or 5 years, depending on how she got her green card. If she becomes a US citizen then she could change his visa category from F2B to F1. The problem is that would add an additional 4 years to his wait time, so there's an incentive to keep his visa category F2B, which I've been told is possible even if she becomes a US citizen. The real bummer here is that your brother can't get married or he'll no longer qualify for either the F2B or F1. If he marries after your mom becomes a US citizen then his visa category becomes F3, which currently has a wait of about 19 years.

Your brother is looking at either remaining a bachelor until he's well into his 30's, or waiting until he's about 40 years old to come to the US.