Child Age To Get Green Card

[Nickvisa11 0]

Hello, 

My sister received here visa application approved and she can submit the documents and get the interview. But the problem is that my niece is now 19 and going to medical school and she will not be done with Medical school until age 24. What if my niece crosses the age of 21 and then my sister starts her interview process at the NVC, do you think that my niece can be accepted for immigration even if she crossed the age of 21 (suppose my sister applies for interview when my niece age is 21 years and 4 months). 

 

Any help will be greatly appreciated because I am not getting the firm answers from my friends. Thank you so much. 

[Boiler 45,482]

Christmas guessing game.

 

So I will start.

 

Presumably this is a F4, you sponsored your sibling a long time ago, her visa number is now current and she wants to move but her daughter does not now but possibly does later?

 

But then it seems your sister may want to wait a couple of years before interviewing? Why?

[Nickvisa11 0]

2 minutes ago, Boiler said:

Christmas guessing game.

 

So I will start.

 

Presumably this is a F4, you sponsored your sibling a long time ago, her visa number is now current and she wants to move but her daughter does not now but possibly does later?

 

But then it seems your sister may want to wait a couple of years before interviewing? Why?

Hi, thanks for your quick response. That's right, I have applied for my sister, her case is current and she got the email from NVC to start submitting documents so that they can give her date for interview. Her documents are ready and interview can be held within couple of months but my niece doesn't want to leave her Medical School because school is very expensive in USA. Her doctorate will complete at the age of 24 but my question is if she crosses age of 21, is it an automatic no because NVC can say that she got the visa when she is 19 and why she waited so long so CSPA (Child Status Protection Act) will not apply in her case. I hope I have explained it clearly this time. 

 

I greatly appreciate your help!

 

[Boiler 45,482]

Well you petitioned your Sister and your sister can include derivatives ie your Niece, but your Niece certainly does not need to be included.

 

Once the immigrant visa is issued it has to be used withing 6 months of the medical, so your Niece can not get the visa and wait 5 years, or apply in 5 years based on her qualifying now.

 

Her Mother can petition her once she becomes a LPR as long as she does not marry, if she marries then your Sister needs to be a USC.

 

5 years down the road who knows what your Niece will want to do.

[designguy 1,179]

It seems the most fitting scenario would be something like this:

• Your sister immigrates and becomes a PR
• Upon arrival your sister can petition her daughter 
• As she is 19 she would qualify for F2A (This category is current, but expected to retrogress in Feb 2020)
• At this point it becomes a game to drag out the petition. You basically would want her to have to switch from F2A to F2B so that the timing ends up being that a visa would be available for her in about 5 years (FYI current PD for F2B ROW is Aug 4th 2014, so about a 5 year wait-ish)