F4 children

[TNguyen501 2]

Just want to double check. So I am a US citizen petition my sibling. My sibling has kids. I know this will take 10 yrs or more. By the time, the priority date comes. The kids will be older than 21 yrs old. Under the new law (read somewhere online), If they are not marry they still can’t be count as a derivative relative correct? So my sibling will have to petition their own children once they have a green card on a F2 visa?

[SusieQQQ 11,586]

There is some protection under CSPA but yes in general if they are over 21 (or married even if under 21) they cannot be included as derivatives. And yes, it would be F2B for over 21 unmarried children. If the children get married then your sibling would have to become a citizen before being able to petition them.

 

by the way this is not a “new law”, this has always been the case.

Edited October 14, 2019 by SusieQQQ

[TNguyen501 2]

1 minute ago, SusieQQQ said:

There is some protection under CSPA but yes in general if they are over 21 (or married even if under 21) they cannot be included as derivatives. And yes, it would be F2B for over 21 unmarried children. If the children get married then your sibling would have to become a citizen before being able to petition them.

 

by the way this is not a “new law”, this has always been the case.

ok thank... I though before unmarried child over 21 still count as derivative. Until the Supreme Court rule in 2015.

[SusieQQQ 11,586]

1 hour ago, TNguyen501 said:

ok thank... I though before unmarried child over 21 still count as derivative. Until the Supreme Court rule in 2015.

No, the CSPA act itself dates back to 2002 so it was certainly the case well before then (as that was enacted in response to children ageing out by turning 21 because of long processing times). Which 2015 Supreme Court ruling are you referring to?