I applied green card for my brother (who currently lives overseas) years ago and his children were teenagers at that time. I received the approval of I-130 (I-797) this month and his children are now over 21. My question is that whether the age of his children is based on the date when I submitted the application or the date when it is approved. If it is based on the date of the approval, then, his children won't be qualified for green card. Please help. Thanks.
Apply green card for my brother whose children are over 21 when I-130 (I-797) is approved
- Thread starter USA_lover
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SusieQQQ
Well-Known Member
There is a calculation to perform on their age. See https://www.uscis.gov/green-card/gr...d-procedures/child-status-protection-act-cspa
When you say “approved” you are referring to I797 notice of approval? Not nvc notification to pay fees and submit documents? You won’t be able to do full age calculation until the priority date is current.
When you say “approved” you are referring to I797 notice of approval? Not nvc notification to pay fees and submit documents? You won’t be able to do full age calculation until the priority date is current.
SusieQQQ
Well-Known Member
Ok. So when a visa becomes available, which is when their priority date becomes current (what is it, by the way?), you will subtract the time difference between priority date and approval date to get to their CSPA age. Example if it took 8 years from filing to the date on the i797, you will subtract 8 years from their actual age at the time a visa becomes available - if that calculated age is still under 21 then they can still qualify for derivative visas.