Child age out protection

[linh 0]

My aunt filed a petition for my dad in 1990. By that time, my brother was 10 years old, under 21 years old. In 2009 my dad's visa petition arrived and he came to US himself. My brother was supposed to come to US with my father under Child Age out protection. Is it correct? Can my brother file a petition to be included in my dad's visa petition now?

Thanks a lot,

[Krikit 1,165]

Moving from the Canada Regional Forum to "Bringing Family Members of Permanent Residents to America". If further information indicates that this is the wrong forum please hit the Report button to have it re-moved. Thank you.

[Zen Den 18]

My aunt filed a petition for my dad in 1990. By that time, my brother was 10 years old, under 21 years old. In 2009 my dad's visa petition arrived and he came to US himself. My brother was supposed to come to US with my father under Child Age out protection. Is it correct? Can my brother file a petition to be included in my dad's visa petition now?

Thanks a lot,

no. when your dad came here he was petitioned as a sibling. now that your dad is here he (as a permanent resident) has to petition for your brother as his son (2nd preference category/unmarried adult son). your brother is not automatically petitioned as a newphew. only your father or you as his sibling (or a USC spouse or a USC fiance) can petition him.

you might want to check the uscis page on this:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1d383e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=1d383e4d77d73210VgnVCM100000082ca60aRCRD

[aleful 1,905]

My aunt filed a petition for my dad in 1990. By that time, my brother was 10 years old, under 21 years old. In 2009 my dad's visa petition arrived and he came to US himself. My brother was supposed to come to US with my father under Child Age out protection. Is it correct? Can my brother file a petition to be included in my dad's visa petition now?

Thanks a lot,

no, probably he didn't qualify to adjust under the CSPA because he would have gotten his GC at the same time as your dad did. he should have tried to contact the NVC before your father had the interview, when they were filing and paying for the paperwork, and fight and appeal if he could.

now your father can file for him.

what country is he from?

[linh 0]

Thanks for your answer. My brother is from Vietnam. Is there any chance if I explain the case to NYC?

[ATPEACE 43]

Thanks for your answer. My brother is from Vietnam. Is there any chance if I explain the case to NYC?NVC

Too long of a time lapse.

[linh 0]

My dad is a permanent resident now. How long will it take if my dad files a petition for my brother ( unmarried, over 21 years old)?

[ATPEACE 43]

no. when your dad came here he was petitioned as a sibling. now that your dad is here he (as a permanent resident) has to petition for your brother as his son (2nd preference category/unmarried adult son). your brother is not automatically petitioned as a newphew. only your father or you as his sibling (or a USC spouse or a USC fiance) can petition him.

you might want to check the uscis page on this:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1d383e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=1d383e4d77d73210VgnVCM100000082ca60aRCRD

Zen Den has given you the link in this post. Click and read.

[Penguin_ie 5,997]

about 5.5 years for most countries, more if from the Dominican Republic, Mexico or the Philipines.

[Npatel 0]

My grandson was 10 years old when i filed petition for his mom.

so i filled these 2 cells in excel file.

petition filed:08/21/2008

birthdate:01/26/1998

I got letter of them receiving application within two week i believe in USA. should applicant be receiving approval letter or petitioner? I believe, they already got their Application Number(local) with "BMB2010#@#@" or something. should that mean, Child get 2 year(about) advantage? What i'm asking is, will approval date be the date when file is opened for visa or the letter they get after file reaches to india/their country.