over age

[janeyjaden 0]

my brother in law is already 22 but the petition was applied when he was 0 age, but his name is included in the embassy's advice for medical and to pass the documents. the petitioner was his aunt who petitioned his dad and his whole family. they are scheduled to be interviewed this 8th of january. any chances that he can make it?

[NigeriaorBust 4,087]

no he will have to wait until a separate petition is filed for him as an adult. CPSA doesn't apply to anyone other than the primary benificary.

[Penguin_ie 5,996]

*** Moving from K1 fiance visa to Bringing Family of US Citizens as the aunt is a citizen ****

[janeyjaden 0]

*** Moving from K1 fiance visa to Bringing Family of US Citizens as the aunt is a citizen ****

thanks!

[janeyjaden 0]

*** Moving from K1 fiance visa to Bringing Family of US Citizens as the aunt is a citizen ****

by the way what can you say about this? is it possible?

[janeyjaden 0]

before the retrogression last 2011 i was 21 then i will be interviewed this january 8 i am already 22. can i still make it to the US? i've been requested for a medical and to pass my documents and it's done im just waiting for the interview

[Penguin_ie 5,996]

*** two topics on the same issue merged. Please do not post more than one topic on an issue. It is also better to make clear whether you are talking about yourself or a friend/ family member as otherwise you will get confused answers from members who have read your other posts ****

[aaron2020 11,651]

no he will have to wait until a separate petition is filed for him as an adult. CPSA doesn't apply to anyone other than the primary benificary.

Wrong. Wrong. And Wrong.

First, he does not have to wait until a separate petition is filed for him. The derivative beneficiary is 22, the fact that Retrogression occurred in Jan. 2011, and the amount of time it takes for USCIS/INS to approve a petition, it is extremely likely that this derivative beneficiary's CSPA age is below 21 and that is why the NVC requested his visa application.

CSPA DOES APPLY TO DERIVATIVE BENEFICIARIES. No idea where you are getting that CSPA only applies to the primary beneficiary because it is not true at all.

my brother in law is already 22 but the petition was applied when he was 0 age, but his name is included in the embassy's advice for medical and to pass the documents. the petitioner was his aunt who petitioned his dad and his whole family. they are scheduled to be interviewed this 8th of january. any chances that he can make it?

He has a very good chance of immigrating to the US.

Under CSPA, the Retrogression rules about "sought to acquire", and the time it takes USCIS/INS to approve a petition, it is extremely likely that his CSPA age is well below 21 which allows him to immigrate as a derivative beneficiary.