Children of intended siblings

[kw1997 1]

Hello

 

I have filed I-130 for my sibling who has two young children (under 12 years )

 My question is , will the children   also get green card ( be admitted) in US when my sibling's time comes for getting the card (it takes around 12 years as of writing this note.( children  will be over 21 years of age)

 

Thank you, 

[milimelo 4,481]

Depends how long it takes to approve the I-130 and if CSPA covers them or not. Hard to say. 

[NancyNguyen 1,657]

FYI, it is not 12yrs, 15-16yrs now optimistically. If your i-130 is approved fast (1-2yrs) CSPA protection is slim.

[SusieQQQ 11,586]

Depends on which service center it is sent to. California is taking ten years or more to approve sibling petitions. Will really help for CSPA. Some others are faster. 

[SusieQQQ 11,586]

Also current wait for sibling visas is over 14 years,  not 12 (currently cases filed by October 2006 are eligible), and the next year or two will be needed to just deal with the backlog from the ban /Covid.  So likely to slow down significantly in the near term.
 

Just too many moving parts to be able to say definitively one way or the other. 

[payxibka 10,045]

41 minutes ago, kw1997 said:

Hello

 

I have filed I-130 for my sibling who has two young children (under 12 years )

 My question is , will the children   also get green card ( be admitted) in US when my sibling's time comes for getting the card (it takes around 12 years as of writing this note.( children  will be over 21 years of age)

 

Thank you, 

If they are eligible for the visa when the priority date is current,  then upon arrival they would be residents.   The big question is the IF.

[Unlockable 7,314]

1 hour ago, kw1997 said:

Hello

 

I have filed I-130 for my sibling who has two young children (under 12 years )

 My question is , will the children   also get green card ( be admitted) in US when my sibling's time comes for getting the card (it takes around 12 years as of writing this note.( children  will be over 21 years of age)

 

Thank you, 

If you are seeking a certainty that the children will not age out and get a GC when the time comes, there is none. the truth is that there is a possibility that they may age out. And as other's have stated, the 12 years is very optimistic. You are likely looking at 15 years or more.

 

It all depends on how fast the approval of the petition happens.

[Boiler 45,524]

The trouble is people tend to look backwards, how long people getting theirs now have been waiting.

 

Over that period the number applying has increased significantly and the number of visa's has not so the wait gets longer and longer.

 

Now Biden has said that some sort of visa will be introduced to allow those waiting to enter and wait here. If that happens then you can expect the wait for the GC to surge as many do not bother applying with such a wait period.

 

Even if they are still included the children could be hitting 30, they will have their own lives, maybe families so may well not be interested.