siblings of US citizens

[StephanieM 60]

My father has 5 siblings. He petitioned for them and their wives/husbands and children about 7-8 years ago. A visa has yet to become available. My question is, when the petitions were filled out a lot of the children (my father's nieces and nephews) were under age. Now, the majority of them are not because of all the time that has passed. Most of them are over 18 but not married. If a visa does become available in the next 2-3 years from these petitions does it still apply to these children even though they are no longer under 18? 

 

Thanks.

[Georgia16 2,858]

Visa for siblings take like 14 years now so it will not be available for a very long time.

[NigeriaorBust 4,087]

  CPSA may help . He submitted the petition and got a notice that it was received then has gotten or will get a notice that petition was approved.  This amount of time is subtracted from the age of the children.  Sibling petitions are the least important and get the last of the visas.  Currently the people being interviewed have waited about 14 years but that line has gotten longer over the years and I would not be surprised if your fathers sibling will see a wait of 20 years or more.  The death of your father or the sibling can kill the whole process. 

[Boiler 46,138]

I assume your father is extremely wealthy.

[StephanieM 60]

3 minutes ago, NigeriaorBust said:

  CPSA may help . He submitted the petition and got a notice that it was received then has gotten or will get a notice that petition was approved.  This amount of time is subtracted from the age of the children.  Sibling petitions are the least important and get the last of the visas.  Currently the people being interviewed have waited about 14 years but that line has gotten longer over the years and I would not be surprised if your fathers sibling will see a wait of 20 years or more.  The death of your father or the sibling can kill the whole process. 

Thank you for your response. Its good to know that these visas are taking even longer than expected. So basically even if it does take 14 years the children won't be penalized for being adults now?

[Boiler 46,138]

Not sure what you mean by penalised, 14 years would be optimistic.

[StephanieM 60]

29 minutes ago, Boiler said:

Not sure what you mean by penalised, 14 years would be optimistic.

I am not so much interested in the time frame of the visa becoming available. I know it takes a REALLY long time. I am interested in knowing if my father's nieces and nephews would still be elegibile  even though they have all become adults during the time the petitions were being processed. So when i say penalize, I mean will they no longer be eligible because they are not under 18. Not sure if you understood my question.

[maria betances 42]

56 minutes ago, StephanieM said:

My father has 5 siblings. He petitioned for them and their wives/husbands and children about 7-8 years ago. A visa has yet to become available. My question is, when the petitions were filled out a lot of the children (my father's nieces and nephews) were under age. Now, the majority of them are not because of all the time that has passed. Most of them are over 18 but not married. If a visa does become available in the next 2-3 years from these petitions does it still apply to these children even though they are no longer under 18? 

 

Thanks.

do you know what year hes send  the petition? at this moment they are working with the year of 2004. 

[Boiler 46,138]

The age is 21.

 

As has been mentioned CSPA would apply which may or may not allow them to immigrate with their parents.

 

From a practical point of view they will be adults and will be leading their own lives so may not be an issue.

Edited March 7, 2017 by Boiler

[kzielu 1,149]

2 hours ago, StephanieM said:

I am not so much interested in the time frame of the visa becoming available. I know it takes a REALLY long time. I am interested in knowing if my father's nieces and nephews would still be elegibile  even though they have all become adults during the time the petitions were being processed. So when i say penalize, I mean will they no longer be eligible because they are not under 18. Not sure if you understood my question.

They may or may not be eligible. All depends on their actual age when the priority date becomes current, when the petition was files and how long it took for approval (of the petition).

[Unlockable 7,315]

They are not being penalized per se. It is just that the US government sees them as able bodied adults who could care for themselves after a certain age (21). Therefore, the visas will go to others that need it more, like minor children and spouses.

 

With the ages you specified and the amount of time it takes for the category they are in there is a chance that one or more may age out and not be able to immigrate.