Age out issues for children of a sibling

J

jefkorn

Registered Users (C)
US Citizen sponsors his/her siblings and say it takes about 10 years. What happens to the sibling's children who turn 21 and are unmarried? Are they protected under the CSPA ?

US Citizen sponsors sinling A. Sibling S1 is married and has two kids, K1 (five years of age) and K2 (10 years) of age. Kid K1 is 5 years old meaning even after 15 years, the K1 will still be under 21 so no issues there. K1 will get green card when S1 gets approved.

Now say child K2 will be 25 years of age by the time S1 is approved for green card.

Is K2 covered under CSPA because at the time of application K2 was under 21 and unmarried?

Please share your thought and opinions. Thanks
 
It depends on how long it takes for the I-130 petition to be approved. The time it takes to get approved is subtracted from the age. So in this case, the slower the petition processing, the better, because it will subtract more age from the children when they apply for the green card. And the petition taking a long time to process doesn't hurt because the wait for priority date is longer anyway.
 
Thanks newacct, Typical processing times for I-130 seems to be less than a year so it would only subtract a year at the most.
 
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