Can I apply for nephew who is older than 21?

F

facnj11

Registered Users (C)
I think there may be an easy answer for this, but I just want to confirm...

I applied for immigration for my brother a few years back, I included his wife and son in the I-130. At the time his son was younger than 21.

Now I am at the stage of filling I-864, and his son is older than 21, do I include his son in the I-864? If not, who can apply for his son? Does it mean that he has to start all over again?

thanks for the help
 
facnj11 said:
Now I am at the stage of filling I-864, and his son is older than 21, do I include his son in the I-864? If not, who can apply for his son? Does it mean that he has to start all over again?
Click to expand...

How long did the I-130 take to approve? What is the priority date?
 
I thought I applied for them around 1997..
I do not understand what is counted as "priority date ", but I assume it will be this year..

But can I include him in the I-864 as he is over 21?
 
I called the immigration office, they said I should not include my nephew in the I-864, however, they can bring it up during the interview :confused:..
Will they ever approve a child over 21 ??
 
TheRealCanadian said:
The priority date was the date the I-130 was received. When was it approved?
Click to expand...

I reviewed some old document, I think it was received in 1999. I assume approval is this year, right? as we received noticed for the $70 payment and then was asked to fill out I-864.

According to my brother-in-law, after the I-864, my brother should have the interview soon.
 
I was doing some more research..as I think I need to understand the priority date, approval date etc... anyway, I found the following

geocities.com /immigration_helpsite/I-130/outside,htm ( again, can't post a URL, I have to remove www from the link)

then I went back to look into the old document and found a copy of NOA (notice of action), it has
Receipt date : 08/04/1998
Priority date : 08/03/1998
notice date : 05/25/1999

the notice type is approval notice, therefore I assume this should give me the approved date. However, I have a few questions as it does not look too correct to me...
a. based on the above, does it mean that the priority date is 08/03/1998?
b. what is the date I-130 was approved? I assumed it is 08/04/1998, true? :confused:

BTW, I was comparing with this one as well

forums.immigration.com/showthread.php?t=296199&highlight=CSPA
 
facnj11 said:
I
b. what is the date I-130 was approved? I assumed it is 08/04/1998, true?
Click to expand...

No, it's the date the approval notice was generated, or 5/25/1999. Why do you think it would be approved in one day, but then take eight months to generate the notice?

Based on the quick time to approval I don't think CPSA derivative benefits apply, but I think the PD can be retained for an FB2 petition.
 
TheRealCanadian,
thanks for the explanation, I now have a better understanding.
it seems that he has to wait for his parents get their GC and then their parents can apply for them. I didn't realize that the partition date can be retained in the new application.

thanks again
 
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