Can a child above 18 years immigrate with the primary applicant who was sponsored by a US citizen?

[SM84 6]

Hi All,

 

The situation for one of my relatives is like this. The US citizen has sponsored for her sister and as part of that application, the children are also present. My understanding is that when the application was filed, the children were below 18 years of age. Now, they are 25 and above.

 

When the turn arrives for the primary applicant (i.e. sister of the US citizen), are the children still eligible to immigrate as PR's or is there a cut-off?

 

I am not clear based on what I've read on the USCIS website. According to the website, it appears that a US citizen can sponsor a child who is above 21 years provided they are not married, or something along those lines.  Could someone who has experience with this help me understand the nuances and what is currently applicable?

 

Also, can a US citizen still file for their immediate relatives i.e. Parents and Siblings? I heard this option was terminated but I am not sure.

 

Please advise.

[Boiler 45,959]

It is possible they may not have aged out, look up CSPA and see if that brings them back down. At that sort of age it is pushing it.

 

Yep Parents and Siblings are still able to be sponsored.

 

 

[Boiler 45,959]

https://www.am22tech.com/cspa-usa-green-card/

[SM84 6]

1 hour ago, Boiler said:

https://www.am22tech.com/cspa-usa-green-card/

Is there a way to calculate this without having to register somewhere?

 

So, essentially, the info we need is the date the i-130 was filed for the child, right? and the date they receive the notification that a visa is available for them, is that correct? Also, the child is not the immediate relative. The child's mother is the immediate relative to the US citizen sponsor. Is CSPA still applicable to the child?

Edited December 17, 2021 by SM84
Additional Info

[Boiler 45,959]

There are others that was the first one that came up

[arken 4,197]

https://www.***removed***/cspa-calculator/
 

cspa is the available for that child. 

[kzielu 1,149]

22 hours ago, SM84 said:

Hi All,

 

The situation for one of my relatives is like this. The US citizen has sponsored for her sister and as part of that application, the children are also present. My understanding is that when the application was filed, the children were below 18 years of age. Now, they are 25 and above.

 

When the turn arrives for the primary applicant (i.e. sister of the US citizen), are the children still eligible to immigrate as PR's or is there a cut-off?

 

I am not clear based on what I've read on the USCIS website. According to the website, it appears that a US citizen can sponsor a child who is above 21 years provided they are not married, or something along those lines.  Could someone who has experience with this help me understand the nuances and what is currently applicable?

 

Also, can a US citizen still file for their immediate relatives i.e. Parents and Siblings? I heard this option was terminated but I am not sure.

 

Please advise.

Is the priority date current ? It will depend on when the primary applicant's priority date is current vs. the age of the children and how long it took to approve the petition - for example if it took 3 years to approve the petition and child is over 24 at the time priority date is current, they will age out. Siblings are not immediate relatives, parents are. Yes, US citizen can file for them, visas are available for parents without wait (meaning year to two of processing) while siblings face 14-ish years wait for visa availability.