I-130 - Afaque

[Afaque]

Hi everyone
joined the group just today,
My name is Afaque from Pakistan, living in the USA. My sister filed an I-130 petition for brothers and sisters in May 2010 and got an approval notice in November 2014. The letter from NVC is still awaited. My queries are:

1- Since I am already residing in the US since 2019 (with family, legally) so do I have to go back to Pakistan for the processing of my immigration case OR the required formalities can be taken care of while staying here. Is this the adjustment of the status case,
2 - My elder son has crossed 21 years of age, would he still be covered under I-130 (he is unmarried and currently on F1 and studying at a University)

I will appreciate it if someone can answer my queries.
Thanks & Regards

 

[newacct]

According to the latest visa bulletin, visa numbers are currently available for F4 petitions filed in 2007 and before (assuming you were not born in India, Mexico, or the Philippines). So you have a few more years of wait for visa numbers left. When a visa number becomes available a few years from now, if you happen to be in the US and in status at that time, you can do Adjustment of Status in the US. If not, you would have to do Consular Processing abroad.

Under CSPA, the amount of time that the petition was pending is subtracted from the child's age in determining whether he ages out. Since your I-130 was pending for about 4.5 years, that means that your son does not age out until age 25.5 (approximately). If a visa number becomes available for your petiiton before then, he will be able to immigrate as your derivative beneficiary.