Petitioned for brother's family, his son turning 21 soon

T

trincipia

New Member
Hi, I searched the forum and but am still unsure of what I have to do in this case:

I am a US Citizen who petitioned for my brother and his family in 2002. I've been checking the Visa Bulletin for the F4 category and there's a high possibility his priority date will come up within the next two years. My brother's son is currently 20 and unmarried, but will turn 21 in six months.

My question is if there are certain conditions around his son's age and what I would need to do to keep his son on my brother's petition.

Thank you!
 
There is a Child Status Protection Act (CSPA) to help unmarried children who 'age out'. But for that child must be the beneficiary of a pending or approved visa petition on or after August 6, 2002.
 
Nancy Mervin said:
There is a Child Status Protection Act (CSPA) to help unmarried children who 'age out'. But for that child must be the beneficiary of a pending or approved visa petition on or after August 6, 2002.
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Thank you for the info, Nancy! That gives me hope. I'm having a bit of trouble with the language, however. My brother's priority date is 03 June 2002, so it's before CSPA, but it has been processing until 2011, when the NVC contacted us to complete the paperwork. Does this mean my brother's son still qualifies because the case was processing after August 6th? Thank you again!
 
I am also in the similar situation. Husband filed for his sister and family in 2005. Sister's daughter turned 21 this year. As per the CSPA, this only applies to only :

If the petition (Form I-130, Petition for Alien Relative) was filed by a U.S. citizen parent for his or her child, the beneficiary’s age “freezes” on the date of filing.
If the petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized.

But there was court ruling to transfer the F4 category kids to F2 category in September 12.

But I can't tell that this has become a law now.

Any help is appreciated.
 
Yamini Patel said:
But there was court ruling to transfer the F4 category kids to F2 category in September 12.

But I can't tell that this has become a law now.
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Court rulings are interpretations of existing law. So that court decision immediately is law (unless it is being appealed to a higher court, in which case its effect may be delayed until the appeal). However, if it's not the Supreme Court, the ruling doesn't necessarily apply nationwide. And the situations in this thread don't necessarily meet the conditions covered by the court ruling.

Do you have a link to the court decision?
 
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