Relatives children over the age of 21

[Fidelcashflow]

Hello, I have applied for a visa for my brother from India about 10 years ago. And now his kids are over the age of 21 years. So, I am wondering will his kids be able to come to the U.S. even though they are over 21 but were under the age of 21 when I first applied for his family?

If no, can you please tell me the process in which they will be able to come to the U.S.

Thank you

 

[anna1]

Other people may give you a more optimistic answer...

The kids will be considered 21 based on CSPA, you can find the calculation from here
manila.usembassy.gov---wwwh3228.html

Some may point out that even they are over 21, but they should "automatically" retent their priority date, and people are fighting for it in court, but it seems that USCIS is not addressing it for now
uscis.gov---files---nativedocuments---may_qa_060408.pdf

I can't post url with less than 15 posts, replace --- by /, also add www before uscis
(BTW, I am not here to aruge what is right or wrong)


Your brother can petition them after your brother receives his GC, but it will be a long wait.
Search CSPA on this forum for more info

 

[Jackolantern]

They may be able to get green cards as a result of the CSPA. The CSPA allows them to subtract the I-130 pending time from their actual age. If the result is under 21 after doing that calculation, they can obtain derivative green cards along with your brother's primary GC.