Question on Family based green card sibling case, my brother son is 16 years currently, been 10 years since filed

R

Raj Reddy

New Member
Question on Family based green card sibling case, my brother son is 16 years currently, been 10 years since filed the i 130 petition.

What happens to my brothers son, who is derivative of his application. will he be excluded from the case? if he is 22 years when the case gets approved or gets near approval.

Or as soon as Visa number is allotted, then will he be fine his son, even though he older than 21 years? Please kindly advise.

Thank you all very much for the helpful details.
 
The Child Status Protection Act (CSPA) will give some protection. The time that the application is pending (= the difference between priority date and approval date) is subtracted from the child’s actual age to get a CSPA age. If the CSPA age is under 21 on the date a visa is available (this is the month the priority date becomes current) then the child is still eligible for a visa.

I noticed in another post (I think I am remembering the right username?) you seemed to be complaining about the California service center taking so long to process. When you have a child at risk of aging out, you actually want the service center to take as long to process as possible because that gives the maximum protection under CSPA. It makes no difference to visa timing how long uscis service center processing takes (because you have to wait for the priority date to be current regardless and that wait is always longer than the processing for F4), but it can make a big difference to whether the child derivatives are protected by CSPA.
 
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