F4 question Uncles son turning 21

[jsoni11 0]

Hello,

My mother filed an F4 visa petition on behalf of her brother who lives in India back in March 2006. My uncles son is listed as the dependant on the application and was around 13 at the time.

My question is he is turning 21 in few months and we are still few years away from visa number (currently they are processing nov 2001). Would my uncles son be covered under CSPA when the visa number is called? I believe the I-130 was approved little over 3 years. Is there anything I can do to ensure he does not get denied for Visa? Should I write a letter to NVC explaning my situation? I have not been able to get concrete answer from any govt agency/ or even Mumbai embassy. NVC said they have not even looked at our case yet because visa still far out and they cannot answer any questions pertaining to the case. USCIS is not able to provide concrete answer either. I have contacted several lawyers all tell me its up to NVC when they review. Please help.

Thank you for your help. Really appreciate it.

Janak

[Boiler 46,144]

According to your dates he will have aged out.

[jsoni11 0]

So can i assume they have up to 3 years since it took I-130 3 years to get approved based on CSPA formula? I would like to provide a concrete answer to my uncle.

Thank you very much.

[Boiler 46,144]

There are calculators on the web but looks like he will be 26 when his fathers petition is current, less 3 years for CSPA and he os still over 21.

As nobody knows when his fathers visa number will be current than there is nothing concrete, wait and see.

[Rick_ES_USA 13]

Since the exact date of the petition becoming current is unknown … Then No official government office will dare to give you an exact answer. But since in here we can talk straight forward, and I sense that is what you are looking for, and it is understood that everything is subject to change… I will say it : The kid most probably will aged out (95% probability). So as the old saying goes “expect for the best, but prepare for the worst”. I suggest you do the following 2 things:

1. Don´t lose faith. Something good might happened. Something like for example : immigration reform changing the rules for the better and/or causing a big jump in the priority dates.
2. On the other hand … educate yourself to learn what to do in case kid does age out. You have to study the system and learn what the best course of action would be in that case. I am pretty sure there is a way to do the following: Once the parents get the GC, almost immediately file for the kid and get original PD to be applied to their new petition.

There are calculators on the web but looks like he will be 26 when his fathers petition is current, less 3 years for CSPA and he os still over 21.

As nobody knows when his fathers visa number will be current than there is nothing concrete, wait and see.

[NigeriaorBust 4,087]

It looks like it will be really close . The current reform most likely to pass is the one where aged out children keep their original priority for the class they convert to ( unmarried adult child of LPR ) reducing the wait time but meaning the person must remain unmarried