Preparing to file siblings i-130

[MZLG 5]

Hey all

Just want to confirm if I file for my sister, she has 2 daughters 11 yrs & 15 yrs, 

by the time the i-130 will be approved, the daughters would be 25 years and above.

 

The question is - would they also be granted permanent residency along with the parents -  as I understand - the age considered would be the filing date. Is that correct ?

[SusieQQQ 11,586]

3 minutes ago, Mustafa LG said:

the age considered would be the filing date. Is that correct ?

 

No, it’s more complicated than that for a family preference visa. If you Google cspa, you’ll see that the way it works is they subtract processing time (time between filing and approval of petition) from the actual age of the person when a visa becomes available (= priorty date is current) to get the CSPA age. If the CSPA age at that stage is under 21, then the derivative is eligible for a visa.

 

5 minutes ago, Mustafa LG said:

by the time the i-130 will be approved, the daughters would be 25 years and above.

There is a timing difference between i130 approval and priority date being current - sometimes large. Both dates matter for the calculation. No visa can be available before the priority date is current.

[aaron2020 11,651]

11 minutes ago, Mustafa LG said:

Hey all

Just want to confirm if I file for my sister, she has 2 daughters 11 yrs & 15 yrs, 

by the time the i-130 will be approved, the daughters would be 25 years and above.

 

The question is - would they also be granted permanent residency along with the parents -  as I understand - the age considered would be the filing date. Is that correct ?

No, not correct.  Age at time of filing does not matter in an F4 case, US citizen petitioning for a sibling.  It's the CSPA age at the time that the Priority Date becomes current that matters.

 

For CSPA age, the formula is CSPA age = real age at time PD becomes current - time it takes to approve the I-130.

 

There are two phases.  One - waiting for USCIS to approve the I-130.  Two - waiting for a current PD at the NVC.  CSPA only protects during phase 1 and not phase 2.

 

It can take USCIS a few months to a few years to approve the I-130.  You have no control.  If it takes 1 year to approve the I-130, then your nieces would only get 1 extra year after turning 21.

Your 15 years old niece will probably age out and not be able to immigrate with her family.  There is also a high chance that your 11 years old niece will age out too.  

[arken 4,197]

Wow they are growing very fast. Just 1 hour ago, they were kids in your other thread and would be in teens in around 14-15 years. Now they are in teens. 😁

Edited October 7, 2021 by arken

[SusieQQQ 11,586]

I130 processing times for F4 are pretty long right now. Not sure if your petition would also go to Nebraska service center as per your profile, but if it does and if things don’t change tremendously (as they could of course), they are taking 123-160 months to process F4 petitions. That long time is excellent news from a CSPA perspective, as it gives them 10-13 years of CSPA protection. Who knows how long a petition filed now will take to get current, though…

[MZLG 5]

8 minutes ago, arken said:

Wow they are growing very fast. Just 1 hour ago, they were kids in your other thread and would be in teens in around 14-15 years. Now they are in teens. 😁

I thought to be more specific this time

Nice observation though

[aaron2020 11,651]

1 minute ago, Mustafa LG said:

I thought to be more specific this time

Nice observation though

Facts matter.   Alternative facts are not helpful to you.  

A huge difference between your nieces being little kids who would be teens by the time they immigrate versus your nieces being teenagers already.  The advice you depends on you giving correct facts.

 

If you want good advice, then give real facts.

[MZLG 5]

Just now, aaron2020 said:

Facts matter.   Alternative facts are not helpful to you.  

A huge difference between your nieces being little kids who would be teens by the time they immigrate versus your nieces being teenagers already.  The advice you depends on you giving correct facts.

 

If you want good advice, then give real facts.

Noted. Thank you for your response.

 

Much appreciated.

[MZLG 5]

51 minutes ago, SusieQQQ said:

I130 processing times for F4 are pretty long right now. Not sure if your petition would also go to Nebraska service center as per your profile, but if it does and if things don’t change tremendously (as they could of course), they are taking 123-160 months to process F4 petitions. That long time is excellent news from a CSPA perspective, as it gives them 10-13 years of CSPA protection. Who knows how long a petition filed now will take to get current, though…

How do we determine which service center it goes to ? Staying in Chicago, Filing online where does it end up ?

 

 

When filing online, It just asked me the family members of beneficiary. It doesn't ask me if there will be derivative applicants. Am I missing something ?

 

[SusieQQQ 11,586]

4 minutes ago, Mustafa LG said:

How do we determine which service center it goes to ? Staying in Chicago, Filing online where does it end up ?

 

 

When filing online, It just asked me the family members of beneficiary. It doesn't ask me if there will be derivative applicants. Am I missing something ?

 

You wait for the receipt notice to see where it was sent.

 

It’s going to take at least 15 years, people get married, divorced, die, children get born or age out or get married and get ineligible that way, you don’t specifically list “derivatives” at this stage because you don’t actually know who they will be or who will be eligible at that stage. 

[MZLG 5]

3 minutes ago, SusieQQQ said:

You wait for the receipt notice to see where it was sent.

 

It’s going to take at least 15 years, people get married, divorced, die, children get born or age out or get married and get ineligible that way, you don’t specifically list “derivatives” at this stage because you don’t actually know who they will be or who will be eligible at that stage. 

At what stage would they ask who is eligible and who is be coming along.

[aaron2020 11,651]

5 minutes ago, Mustafa LG said:

At what stage would they ask who is eligible and who is be coming along.

For the I-130, you would be petitioning your sister.  You list her spouse and ALL her children.  This is for biographical information only.

 

Once the PD is current in Table B of the Visa Bulletin, then potential eligible derivative beneficiaries can file the DS-260 with CEAC.  

 

At the interview, the CO will determine who can come along.  And there is the danger that a potential derivative who is eligible in Table B may age out and be disqualified when the PD becomes current in Table A of the Visa Bulletin.

[Demise 1,290]

6 hours ago, Mustafa LG said:

Hey all

Just want to confirm if I file for my sister, she has 2 daughters 11 yrs & 15 yrs, 

by the time the i-130 will be approved, the daughters would be 25 years and above.

 

The question is - would they also be granted permanent residency along with the parents -  as I understand - the age considered would be the filing date. Is that correct ?

Depends how long the I-130 is pending since CSPA allows one to subtract the age that the I-130 was pending. So if USCIS sits on it for 5+ years, then maybe. As SusieQQQ noted, USCIS on principle sits on F3 and F4 petitions for a long time (in excess of 10 years) to protect the derivative children.

[aaron2020 11,651]

1 hour ago, Demise said:

Depends how long the I-130 is pending since CSPA allows one to subtract the age that the I-130 was pending. So if USCIS sits on it for 5+ years, then maybe. As SusieQQQ noted, USCIS on principle sits on F3 and F4 petitions for a long time (in excess of 10 years) to protect the derivative children.

I know of an F4 petition that was file July 2019 and was approved Jan 2021.  USCIS does not necessarily leave F3 and  F4 petitions sit for 5+ years.  

[Boiler 45,553]

File and forget.

 

Diary it for 2035 and see what the situation is then.

 

A lot will happen over that sort of period.