Age out child of intending immigrant

[immibie 23]

My sister's daughter is now 15 years old and I know that it takes about 12 years for siblings category of USC. I am petitioning for my sister and her family. So after 12 years, her daughter would be 27 years old (age out) - questions:

Can the 27 year old daughter still accompany the mother to come to the state knowing that the petition was filed when she was 15 years old when the visa for her mom becomes available? What are their options?

[NigeriaorBust 4,087]

NO unless she is covered by CSPA then she will not travel with family. Her mother can apply for her once she is here is she is aged out but the wait is about 7 years more . CPSA may save her though

[Boiler 45,467]

Very very unlikely.

[immibie 23]

NO unless she is covered by CSPA then she will not travel with family. Her mother can apply for her once she is here is she is aged out but the wait is about 7 years more . CPSA may save her though

What is CSPA or CPSA?

[belinda63 3,038]

The time from the date the I-130 is received until it is approved is considered time subtracted from the child's age. So if it takes 10 years to approve the I-130 the 10 years will be subtracted from the child's age at the time of the visa processing. If it only takes 2 years for the I-130 to be approved then two years will be subtracted from the child's age.

In this case you are hoping it will take more than 6 years from the time the I-130 is received until it is approved. 27-6=21.

[Boiler 45,467]

Which would be very unusual.

[immibie 23]

I am very confused. So the priority date is based upon the I-130 form approval's date? If so, how long that usually takes?

There's no any options for my niece to come with her mother if she ages out, correct?

[Boiler 45,467]

There is no usual, at the moment they seem backed up, an F4 is not in the urgent pile but to expect it to sit there for 6 years seems a long shot.

In 12 years she could well be married with a handful of children, seems an odd issue.

[NigeriaorBust 4,087]

when the petition gets mailed in you get a priority date on the first notice. At some time USCIS will look that the petition and approve it and that becomes the second important date. If you mailed it today and they approved it christmas that is about 30 days . If the approve it iin 8 years then that is 8 years.

You use the difference between date one and date 2 to adjust the child's age. 1 month will not help at all . 8 years would be very good for you . From the time it is approved until it is current it sits on a shelf. When it is current use the 2 dates to subtract years/months for the childs age. If the adjusted age is under 21 she comes with her mother, other wise it is another 8 years or so and she must remain single.

[immibie 23]

when the petition gets mailed in you get a priority date on the first notice. At some time USCIS will look that the petition and approve it and that becomes the second important date. If you mailed it today and they approved it christmas that is about 30 days . If the approve it iin 8 years then that is 8 years.

You use the difference between date one and date 2 to adjust the child's age. 1 month will not help at all . 8 years would be very good for you . From the time it is approved until it is current it sits on a shelf. When it is current use the 2 dates to subtract years/months for the childs age. If the adjusted age is under 21 she comes with her mother, other wise it is another 8 years or so and she must remain single.

Thank you that makes sense now. So I-130 takes at least 8 years to approve or not? I see why 8 years is important here so that she can still fall under CSPA. I did a little bit of math, the sooner the I-130 is approved the lower chance she falls under CSPA. So how do I go with that to ensure that I-130 takes forever to be approved?

[NigeriaorBust 4,087]

there is nothing you can do to affect how fast they work. The only good thing is they are a bit slow on petitions with long visa waits.

[immibie 23]

there is nothing you can do to affect how fast they work. The only good thing is they are a bit slow on petitions with long visa waits.

Thank you. I just do not think it would take that long 8 years to approve an I-130 form. It's a straight forward case.

[Boiler 45,467]

Thank you. I just do not think it would take that long 8 years to approve an I-130 form. It's a straight forward case.

Probably not, but you never know.

[Ian10 1]

What is CSPA or CPSA?

Child Status Protection Act