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fak005

Registered Users (C)
Hi:

I am a US citizen and want to apply for immigration for my brother who is married with 2 kids.
Do I need to apply for all 4 members of the family or just for my brother.
What is the criteria for my brother's wife and their kids

Your response is appreciated
thanks
fak005
 
fak005 said:
I am a US citizen and want to apply for immigration for my brother who is married with 2 kids. Do I need to apply for all 4 members of the family or just for my brother. What is the criteria for my brother's wife and their kids
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Your sister-in-law and their children would apply as derivative beneficiaries once it is time to get an immigrant visa, in 12-15 years from now.
 
thanks for you reply
so when my brother is ready to get immigrant visa, will the age of children be considered at time of immigrant visa grant or at time when I peitioned for brother on I-130
 
In order for children to ride on your brothers petition, they must be dependents at the time when the visa is issued. If they have 'aged out' (reached 21 years old) they are no longer dependents and therefore your brother will have to petition for his children once he becomes a citizen (after which, it will probably be 8 years until a visa number comes up for his children as they will then be 2nd (b) preference)
 
thanks for response, so the CSPA of 2002 does not protect derivative children of siblings aging out?
 
fak005 said:
thanks for response, so the CSPA of 2002 does not protect derivative children of siblings aging out?
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It depends. The amount of time taken for the I-130 to be approved is subtracted from the children's ages; if it's under 21, then CPSA protects them. If not, then no. How old are they now?

Having an I-130 take a long time to be approved is a bit of a mixed blessing. On one hand, if it's ultimately approved, then you get all that time for dependents to be covered under CPSA. On the other hand, if the I-130 takes five years to be adjudicated and then is ultimately rejected for whatever reason, you start from square one and cannot take advantage of the earlier filing date.
 
I think the 16-year old is very likely to age out - the 10 year old may age out too, it depends how long the petition will be pending and when the PD comes current, I think if anything it would be very close for the 10 year old.
 
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