F4 CSPA rule for my brother

[Juwels family 0]

My uncle applied for my mom, brother and father.

my brothers

DOB: 05/31/1991

Priority Date: 05/28/2002

Approval Notification Date: 07/24/2009

Unfortunately, due to old address in file, the notification arrived too late in 2010.

I've recently reopened the case by paying the AOS fee, and IV fees.

My brother who is 24. according to CSPA rule should be 24 - 7 years processing = 17 years CSPA age. but since he didn't seek to get a visa within 1 year of visa becoming available, wondering if there is any relief??

like the one below:

http://www.uscis.gov/archive/archive-news/questions-and-answers-uscis-issues-revised-guidance-applicability-child-status-protection-act-cspa

Q. Are people who did not file an application for permanent residence within one year of the visa becoming available still able to apply under CSPA?

A. Generally, no. However, because of the recent change in interpretation of the CSPA, USCIS will permit certain individuals to apply outside of this one year period.

Individuals that are eligible to apply for permanent residence under CSPA after one year of a visa becoming available include:

• Beneficiaries (or derivatives) of a visa petition that was approved prior to August 6, 2002 AND
• had not received a final decision on an application for permanent residence based on that visa petition prior to August 6, 2002 AND
• the visa became available on or after August 7, 2001 AND
• who met all of the other eligibility requirements for CSPA (see above)

[Hypnos 6,576]

You answered your own question. Since your brother did not seek to acquire his visa within one year of his priority date becoming current then he likely will not receive relief under CSPA.

[Juwels family 0]

when i asked about relief. i meant any circumstances that could be shown to get this approved. Such as financial dependacy... etc.

while doing a research. i stumbled upon this.

http://www.kenreyeslaw.com/blog/2014/october/retention-of-priority-dates-for-certain-aged-out/

if my mom got her LPR, if she applied for my brother under F2B, would his priority date be the original priority date i.e. 05/28/2002 like this article is indicating or am i reading this wrong.

since, the current running year for F2B is 2010, it would seem he would have a visa available immediately. Too good to be true.

[Hypnos 6,576]

Since your case is not straightforward, you may wish to consult with an experienced immigration attorney and/or post at www.avvo.com since you can get lawyer answers there at no cost.