Aged Out Children of My Brother

[sagar2704 0]

I am a US Citizen(originally from India). I have filled for my brother's family visa in dec-2004. At that time my brother's son was 12 year old. So now he is 25 year old.

so do we need to fill any form or do any procedure for my brother's son BEFORE priority date becomes current!? if yes than what it is and who can do that shell I do it by myself from US or this is something they have to do from India.

Or is there any procedure or form we have to fill up AFTER their priority date becomes current.

Because Mt brother asked this same query in one of India's local newspaper and he got the answer that there is a form which they(my brother in India) will require to submit before their priority date becomes current if they don't do it their son's name will automatically discarded from the list of family members since he is already crossed 21. I just want to confirm whether it is fact or not.And this is the only platform I trust the most. Hope will get some accurate info from here.

Edited August 9, 2016 by sagar2704

[kzielu 1,149]

No. Either CSPA applies to him or not. If it doesn't, no form is going to help him,

[arken 4,197]

How long did it take for i130 to be approved? That will decide whether he can immigrate with his dad or not. As said, there are no forms that need to be filled in for him.

[sagar2704 0]

No. Either CSPA applies to him or not. If it doesn't, no form is going to help him,

[sagar2704 0]

No. Either CSPA applies to him or not. If it doesn't, no form is going to help him,

yes CSPA does apply to him as given below.

Date of birth: 27-apr-1992

Priority Date: 1st-des-2004

Approval Date : this is expected on or after 01-Jan-2016

visaBulletin current date : 01-May-2004

according to CSPA Calculator his actual age when visa will get available is 24.7 yrs and his CSPA age is 12.7 years

[arken 4,197]

Wow, it took almost 11 years for i130 to be approved?

[kzielu 1,149]

yes CSPA does apply to him as given below.

Date of birth: 27-apr-1992

Priority Date: 1st-des-2004

Approval Date : this is expected on or after 01-Jan-2016

visaBulletin current date : 01-May-2004

according to CSPA Calculator his actual age when visa will get available is 24.7 yrs and his CSPA age is 12.7 years

Petition approval date is expected in Jan 2016 (which passed 7 months ago) or priority date will be current ? Important point is when petition got approved if it did, because that is the time that is subtracted from his age at the time PD became current.

[sagar2704 0]

Petition approval date is expected in Jan 2016 (which passed 7 months ago) or priority date will be current ? Important point is when petition got approved if it did, because that is the time that is subtracted from his age at the time PD became current.

I am extremely sorry for this typo mistake ...Petition approval date is expected in Jan 2017 not jan 2016

[kzielu 1,149]

I am extremely sorry for this typo mistake ...Petition approval date is expected in Jan 2017 not jan 2016

Are you sure the petition has not been approved for so many years ? If true, this gives him huge CSPA benefit. What is his Priority Date (or when the petition was filed) ? December 2004 ?

[sagar2704 0]

Are you sure the petition has not been approved for so many years ? If true, this gives him huge CSPA benefit. What is his Priority Date (or when the petition was filed) ? December 2004 ?

yes I am sure petition was filed in December 2004. Wait time is going to be 13 years approx in our case

[arken 4,197]

Question is when was the i130 approved? That matters. I130 approval has nothing to do with 13 years of wait time.

[NigeriaorBust 4,087]

You are giving the date you expect the priority date to be current. What we need is when you got the notice that that your I130 was approved . You sent it in and got a noticed they received it, ( your priority date ) when did you get the next notice from them ?

[EM_Vandaveer 2,408]

OP,

PD becoming current and I-130 approval are two different things.

When was the I-130 approved?

Edited August 10, 2016 by EM_Vandaveer

[Hypnos 6,578]

No I-130 is going to be pending for 12 years.

[TBoneTX 45,787]

An unrelated post has been split from this thread and given the topic title "Facing Age-Out -- Visa Available but No Invoice [split topic]."