Sibling's son over age 21 - family based immigration

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frankTaheri

New Member
I am a US Citizen who applied for my brother and his family to migrate to US. Recently I have received through mail notification from NVC that the priority date for my application has arrived which is 31 July 2000. My question is whether my brother's family can migrate with him to US? My brother's family include himself, his wife and two sons ages 20 and 22. I am more concerned about the son who is now 22 old. Can my brother bring him to US after their visa is issued? Both sons are singles and living with my brother.

I am currently in process of filling out the Affidavit of support.

Thanks in advance.
 
To check if the 22 year old is covered by Child Status Protection Act (CSPA), could you tell how long your I-130 was in process? IF more than 12 months, that would make his age for CSPA purposes to be less than 21 and he benefits. The other sons should have no problem since he is still under 21.
 
Below are the date:

Priority Date : 31 July 2000
I-130 petition was approved: Dec 13, 2005
Brother's DOB: 17 May 1990

What step I need to take now if my brother's son is covered under CSPA.

Thanks in advance,
 
For purposes of CSPA his age is calculated on the date visa is available as
CSPA Age = (Date PD become current) - (Date of birth) - (months it took to adjudicate the I-130)

So applying this formuila I think your siblings children should qualify.
You do not have to do anything, just submit their applications with the rest of the family's.
 
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