DS-260 form

[rangofsky 0]

My brother and his wife and their child are approved for immigrant visa. The child is already in USA on F1 visa and he is going to apply for green card after his dad's immigrant visa processed and green card approval. On form DS-260 for my brother, how to respond to following questions "Is this child immigrating to the usa with you?" and "Is this child immigrating to the USA at a later date to join you?" I am assuming No is the answer for both questions since he is planning to apply later within USA.
 

[designguy 1,179]

57 minutes ago, rangofsky said:

My brother and his wife and their child are approved for immigrant visa. The child is already in USA on F1 visa and he is going to apply for green card after his dad's immigrant visa processed and green card approval. On form DS-260 for my brother, how to respond to following questions "Is this child immigrating to the usa with you?" and "Is this child immigrating to the USA at a later date to join you?" I am assuming No is the answer for both questions since he is planning to apply later within USA.
 

On an F1 student visa?

[HRQX 4,145]

2 hours ago, rangofsky said:

The child is already in USA on F1 visa and he is going to apply for green card after his dad's immigrant visa processed and green card approval.

What is the child's actual age and CSPA age? https://www.uscis.gov/greencard/child-status-protection-act "CSPA for Family and Employment Preference and Diversity Visa Immigrants"

And when did the priority date become current?

Edited September 2, 2019 by HRQX

[SusieQQQ 11,584]

2 hours ago, rangofsky said:

My brother and his wife and their child are approved for immigrant visa. The child is already in USA on F1 visa and he is going to apply for green card after his dad's immigrant visa processed and green card approval. On form DS-260 for my brother, how to respond to following questions "Is this child immigrating to the usa with you?" and "Is this child immigrating to the USA at a later date to join you?" I am assuming No is the answer for both questions since he is planning to apply later within USA.
 

Immigrating at a later date, assuming he is a derivative and will be adjusting status. He is currently on a non immigrant status ... it’s only no if they in turn need to petition him once they arrive. It’s not clear from your post which the path is. 

[rangofsky 0]

Thanks Susie!!  you are correct. Child is a derivative will be adjusting status in USA. So the answer to the first question "Is this child immigrating to the usa with you?"  is NO and The answer to 2ed question  "Is this child immigrating to the USA at a later date to join you?" has to be Yes in order for child to adjust status later. Correct?

[SusieQQQ 11,584]

In my understanding, yes.  As another poster mentioned, if the child is not still under 21,  you should check whether CSPA applies. 

Edited September 3, 2019 by SusieQQQ