CSPA for sibling

[ctboi860 0]

Hello,

 

Can someone please explain the CSPA law as if it relates to my situation.  My wife recently naturalized and became a U.S. Citizen.  We're in the process of filing form I-130 for both her mother and father.  Hopefully after approval, her parents can come here within 12 months.  She also has a younger brother who turns 17 in October, 2017. 

 

We're afraid that her younger brother will age out.  If her parents come here in 12 months, lets say by 07/18.  He'll still be 17-18.  They apply form I-130 for him to come here.  This is a two year process.  Does the CSPA apply here?  Will he be aged out or be protected by CSPA?

 

Thank in advance!

Edited April 18, 2017 by ctboi860

[JFH 12,190]

Your wife's parents will be LPRs not citizens. Assuming the brother does not get married, it won't change anything as LPRs can petition their minor children and also their adult unmarried children in the same category (so the same processing time). 

 

This is assuming no major overhaul of immigration between now and then. 

[ctboi860 0]

Just now, JFH said:

Your wife's parents will be LPRs not citizens. Assuming the brother does not get married, it won't change anything as LPRs can petition their minor children and also their adult unmarried children in the same category (so the same processing time). 

 

This is assuming no major overhaul of immigration between now and then. 

Yes, her parents will be Permanent Resident's.  If they apply for their son, is he covered under CSPA?  Or is that only for U.S. Citizens who apply for their children?

[JFH 12,190]

1 minute ago, ctboi860 said:

Yes, her parents will be Permanent Resident's.  If they apply for their son, is he covered under CSPA?  Or is that only for U.S. Citizens who apply for their children?

He won't need CSPA because he can't age out of the category. F2A covers minor children and unmarried adult children of LPRs. His age will not affect anything. Only getting married will disqualify him. LPRs can petition unmarried children who are in their 50s - there is no age limit in this category. CSPA only applies to categories with an age limit. That is "child of USC". Non issue for you. 

[ctboi860 0]

Just now, JFH said:

He won't need CSPA because he can't age out of the category. F2A covers minor children and unmarried adult children of LPRs. His age will not affect anything. Only getting married will disqualify him. LPRs can petition unmarried children who are in their 50s - there is no age limit in this category. CSPA only applies to categories with an age limit. That is "child of USC". Non issue for you. 

Thanks for the reply.  If we're in the F2A category.  How long do we expect the process time to be?  My wife is thinking about filing a form I-130 for her younger brother.  Do you think that is a good idea or should we not waste that money?

[JFH 12,190]

1 minute ago, ctboi860 said:

Thanks for the reply.  If we're in the F2A category.  How long do we expect the process time to be?  My wife is thinking about filing a form I-130 for her younger brother.  Do you think that is a good idea or should we not waste that money?

If your wife files for him as an F4 category, sibling of USC, he will have to wait at least 13 years. It will take approximately 2 years for the parents to petition him once they become LPRs. If those categories continue...

[ctboi860 0]

1 minute ago, JFH said:

If your wife files for him as an F4 category, sibling of USC, he will have to wait at least 13 years. It will take approximately 2 years for the parents to petition him once they become LPRs. If those categories continue...

I fully understand that the laws can change, especially with the new President.  Are you saying that once my in-laws become LPR's.  They can apply for their son to come here and not worry about age restrictions and it will still take only two years? 

 

Should my wife bother filing out a form I-130 for her brother?  She wants petition for him so he can have his name in line and I think it's a waste of money because her parents will petition the brother. 

[NigeriaorBust 4,087]

52 minutes ago, JFH said:

He won't need CSPA because he can't age out of the category. F2A covers minor children and unmarried adult children of LPRs. His age will not affect anything. Only getting married will disqualify him. LPRs can petition unmarried children who are in their 50s - there is no age limit in this category. CSPA only applies to categories with an age limit. That is "child of USC". Non issue for you. 

  Wrong   Minor children take about 2 years currently,  adult children of an LPR about 7  (assuming current laws in a non age limited country )    The categories are F2A  and F2B

[JFH 12,190]

15 minutes ago, NigeriaorBust said:

  Wrong   Minor children take about 2 years currently,  adult children of an LPR about 7  (assuming current laws in a non age limited country )    The categories are F2A  and F2B

Ah yes - my mistake! So CSPA *may* help. In any event, being petitioned by the parents will be quicker than the wife filing a sibling petition.