I 130 Sibling children age limit

[Jamil_56 0]

I want to apply for I 130 for my brother and he has two children who are 10 and 15 years old. According to my country, it will take 13 years. Do his children have to be under 21 at the time of the visa interview or at the time when I file the I 130?

 

Thank you  

[SusieQQQ 11,587]

Neither. There is something called child status protection act (CSPA). It subtracts the time between filing and approval from the actual age to get what is called a CSPA adjusted age. That adjusted age has to be under 21 when a visa becomes available, for the child to be able to get a visa. It generally takes a few years (sometimes as many as 10] for approval, so there is reasonable chance that at least the younger of the children you mention will be protected. Note though that from this stage it is likely to take a few years more than the 13 you mention for the cases to become current.