Child Status Protection Act question for my little brother

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amtbooks

Registered Users (C)
I petitioned my parents to immigrate to the US last year, and they will have the interview September 30. And my brother will be 21 years' old October 15.

If my parents get the immigration visa and arrive in the US, get the green card and file for my brother before his 21 birthday, will he fall in Child Status Protection Act? Or it makes no different.

According to USCIS. "If the petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized."

I just want to double-check to make sure that I understand the whole CSPA completely because it makes a huge difference for my little brother.

Many thanks!
 
Your parents will have to wait 5 years for naturalization, so that rule you quoted has no relevance to him.

Given that he has a 3-4 year wait ahead even if your parents arrive in the US as permanent residents and file for him before he is 21, it would be extremely unlikely for the CSPA to stop him from aging out into the 21-and-older category.
 
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Thanks for the reply.

I will ask my parent to take their time since it will make no difference whether they file the I-130 for my brother before or after his coming 21 birthday!

Jackolantern said:
Your parents will have to wait 5 years for naturalization, so that rule you quoted has no relevance to him.

Given that he has a 3-4 year wait ahead even if your parents arrive in the US as permanent residents and file for him before he is 21, it would be extremely unlikely for the CSPA to stop him from aging out into the 21-and-older category.
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