I130 - NVC - Age question.

L

lucasraven

New Member
First of all, I apologize for the ambiguous thread title - really don't know what to call this thread.

I have a question you folks may be able to answer me:

I am the applicant of an I130 that was filed on March 2001. On August 2009 I got the approval notice via email. I have my wife and 2 sons (One 22, one 29) as the Derivative beneficiaries.

A few days ago, I received a letter in the mail from the NVC asking for a payment for the immigrant visa processing. That letter also said:

"Children who pass 21 years of age after the petition was originally approved by the USCIS become inelegible to accompany or join the applicant(s) immigration to the united states under the original petition".

Now, if the case was approved in August 2009, and my son turned 21 in May 2009, is he in the clear, or am I going to have any problems because of this?

Thanks for your time fellas.
 
You need to contact a lawyer and have him or her explore if the over 21 year old children have any benefits from the Child Status Protection Act (CSPA). It is a complicated formulae. If not qualified under CSPA, one or both has aged out.

I-130's don't have applicants. They have a petitioner and beneficiaries (principal and derivatives). To be clear, your USC parent or sibling filed an I-130 for you as the principal beneficiary and your spouse and children would be your derivative benficiaries (based on the dates, I think this must be the case)?
 
That is correct Joe! My sibling filed filed an I-130 for me (principal beneficiary) and my wife and 2 kids would be the derivatives.
 
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