I-130 Sibling's Sons and daughters...

[makebreak]

Hi there,
This question concerns the sons and daughters of the petitioner's sibling. My dad petitioned USCIS for his brother to come to the United States in 1998. We were told that my uncle's children can not come because they are not over the age of 21. But at the time the case was filed, they were under 21. Were we told wrong information? Can anyone point me to the law? Thanks

 

[thomas_psu]

We were told that my uncle's children can not come because they are not over the age of 21.

You mean over 21?

The GC benefits applies to the beneficiary, spouse, and all children under 21 at the time of approval. If the children are over 21, they will not receive GC benefits.

 

[TheRealCanadian]

You mean over 21? The GC benefits applies to the beneficiary, spouse, and all children under 21 at the time of approval. If the children are over 21, they will not receive GC benefits.

Not necessarily. CSPA deals with this situation.

 

[thomas_psu]

CSPA deals with this situation.

Yes that is true, provided the case was not adjudicated prior to Aug, 2002. I think under the new laws the CSPA applies even in cases where the children turned 21 before August 2002 (which wasn't the case till last year). I stand corrected

 

[makebreak]

So does that mean, according to CSPA, that if the children did not turn 21, they would be granted VISA along with their parents? I believe the date was August 2, 2002.

thomas, what do you mean adjudicated prior to aug 2002? I mean we didn't cancel our petition. My dad received a notice for visa application for my uncle and his wife. No visas for their children however. That's why i'm puzzled. According to CSPA, their children should be able to come. Any advice?

 

[makebreak]

You mean over 21?

The GC benefits applies to the beneficiary, spouse, and all children under 21 at the time of approval. If the children are over 21, they will not receive GC benefits.

Yes over 21. sorry typo.

 

[TheRealCanadian]

thomas, what do you mean adjudicated prior to aug 2002? I mean we didn't cancel our petition. My dad received a notice for visa application for my uncle and his wife. No visas for their children however. That's why i'm puzzled. According to CSPA, their children should be able to come. Any advice?

You need to consult an attorney. CSPA is a complicated piece of law and if this took place a while ago, I am unsure what sections would still apply.