Green card for younger brother

Arthi.agarwal

New Member
I am a naturalized US citizen and I filed I130 for my dad. His I130 is approved and now we are waiting to hear from NVC. We are planning to bring my brother who is 20 years old now. If my dad got the PR before my brother turns 21, and files I130 for him, will he be considered for CSPA? The F2A visa is current now and I believe CSPA will be calculated from the day you filed I130.Please reply.
 

newacct

Well-Known Member
If F2A remains current the whole time, and your dad files I-130 before he turns 21, then yes, his CSPA age would be when the I-130 was filed, and he would not have aged out. This is because for family preference categories, the CSPA age is the person's age minus the length of time the I-130 was pending, and the CSPA age is determined at the time a visa number becomes available, or when the I-130 is approved, whichever is later. So in this case, if F2A remains current, the CSPA age will be determined at the time the I-130 is approved, and when the length of the the I-130 was pending is subtracted, you get the age at the time the I-130 was filed.
 

SusieQQQ

Well-Known Member
However, if F2A retrogresses at some point before approval then he may not remain protected.

When does your brother turn 21, and when did your father’s petition get approved? Will he be doing consular processing? If he is doing CP and the petition was only recently approved, it may still be many months before he gets an interview. There is almost a year’s backlog for IR5 interviews from the combination of the Covid shutdowns and the PP10014 ban.
 

Arthi.agarwal

New Member
However, if F2A retrogresses at some point before approval then he may not remain protected.

When does your brother turn 21, and when did your father’s petition get approved? Will he be doing consular processing? If he is doing CP and the petition was only recently approved, it may still be many months before he gets an interview. There is almost a year’s backlog for IR5 interviews from the combination of the Covid shutdowns and the PP10014 ban.
He will be turning 21 in December 2021(in around 9 months). My dad is doing Consular processing as he lives in India. I just submitted all the documents and looks like NVC review is the next step. Do you know how long it will take for the NVC to review the documents? As per the visa email, consular processing will be in Mumbai. Do you know whether there is any backlog for that? I am really in a tight time frame now.
 

Arthi.agarwal

New Member
If F2A remains current the whole time, and your dad files I-130 before he turns 21, then yes, his CSPA age would be when the I-130 was filed, and he would not have aged out. This is because for family preference categories, the CSPA age is the person's age minus the length of time the I-130 was pending, and the CSPA age is determined at the time a visa number becomes available, or when the I-130 is approved, whichever is later. So in this case, if F2A remains current, the CSPA age will be determined at the time the I-130 is approved, and when the length of the the I-130 was pending is subtracted, you get the age at the time the I-130 was filed.
This sounds great. I hope my dad get the Green card soon. Any idea on how long it will take to get the Green card after the document submission to NVC? Please reply. He will be doing Consular processing as he lives in India.
 

SusieQQQ

Well-Known Member
He will be turning 21 in December 2021(in around 9 months). My dad is doing Consular processing as he lives in India. I just submitted all the documents and looks like NVC review is the next step. Do you know how long it will take for the NVC to review the documents? As per the visa email, consular processing will be in Mumbai. Do you know whether there is any backlog for that? I am really in a tight time frame now.
There is a backlog everywhere, unfortunately. I don’t know if there are any specifics by embassy, but to be honest I’d be surprised if your dad interviews by year end, if you are still waiting for DQ. Maybe they will try speed up interviews to try make up for the backlogs, that will depend how fast they get the COVID issues under control and if they can generate extra capacity. But the number of F2A cases awaiting interview has also almost doubled by the end of last year vs the previous year so I worry that when interviews restart for F2A at consulates they will need to retrogress the numbers as well. Perhaps start thinking about a plan B for your brother being F2B.
 

Arthi.agarwal

New Member
I didn’t know that Mumbai consulate is not doing interviews for immigration visas. This is really shocking for me. Thanks for the update.
 

SusieQQQ

Well-Known Member

SusieQQQ

Well-Known Member
I didn’t know that Mumbai consulate is not doing interviews for immigration visas. This is really shocking for me. Thanks for the update.
Well, not for those visas subject to the Trump ban, which includes parent visas. They are doing interviews for non-banned immigrant visas as far as I know.
 
Hello Mom, Susie and all,
I would like to apply for my brother, is the form I-130. Correct?
2nd, Is it need unexpired passport or it’s ok if my brother’s passport is expired?
3rd, he still able to apply in DV lottery, or after we submit I-130, he can not? Thank you for your advice.
 

SusieQQQ

Well-Known Member
Hello Mom, Susie and all,
I would like to apply for my brother, is the form I-130. Correct?
2nd, Is it need unexpired passport or it’s ok if my brother’s passport is expired?
3rd, he still able to apply in DV lottery, or after we submit I-130, he can not? Thank you for your advice.
Yes i130. Read the instructions carefully to see which evidence you need to provide in the instance of a sibling.
Yes he can still apply for dv lottery.
It will take about 15 years or more for him to get a visa under the sibling category so whatever passport he has now would be expired by then anyway. He doesn’t need a valid passport right now.
 
Yes i130. Read the instructions carefully to see which evidence you need to provide in the instance of a sibling.
Yes he can still apply for dv lottery.
It will take about 15 years or more for him to get a visa under the sibling category so whatever passport he has now would be expired by then anyway. He doesn’t need a valid passport right now.
Thank you Susie,yes I read it. It says the sibling’s birth certificate and my citizenship certificate or US passport. Our children need him to be with us and we too. it’s disappointing that Process takes around 15 years. Is there other way to expidiate the process or other kind of visa or form to apply for him? Thank you again
 

SusieQQQ

Well-Known Member
Thank you Susie,yes I read it. It says the sibling’s birth certificate and my citizenship certificate or US passport. Our children need him to be with us and we too. it’s disappointing that Process takes around 15 years. Is there other way to expidiate the process or other kind of visa or form to apply for him? Thank you again
No, it cannot be expedited. There is a quota of 65k visas per year in the sibling category and over 2m in the queue already, and it’s just a matter of waiting for his place in line to get to the front. If he has an in-demand employment skill he might be able to find a sponsor for a work visa or an employment based green card. And DV, of course.
 

newacct

Well-Known Member
If he is unmarried, it is faster to petition one of your parents to immigrate, and once that parent enters the US, that parent petitions your brother. F2B is much faster than F4 except for people born in Mexico (where the two are not far apart). F2B is around 6 years for most countries. However, for this to work, your brother would have to remain unmarried during the process, and your parent would have to remain residing in the US during the process.
 
No, it cannot be expedited. There is a quota of 65k visas per year in the sibling category and over 2m in the queue already, and it’s just a matter of waiting for his place in line to get to the front. If he has an in-demand employment skill he might be able to find a sponsor for a work visa or an employment based green card. And DV, of course.
Ok, and if he married in the future while he is waiting, he has to start over or will reapply with his new martial status? Thank you again
 

SusieQQQ

Well-Known Member
Ok, and if he married in the future while he is waiting, he has to start over or will reapply with his new martial status? Thank you again
Sibling visas can have derivatives so any spouse or children he has in future can just be added on to the existing case, will not affect the timeline.
 
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