Will my uncle and his children be eligible?

[waiting4approval 2]

My mom applied for her brother and his family  (my uncle) in December 2008.. priority date will be in a year or so but I am wondering if his children will be eligible for the immigration or not. 
 

His children were born in 94, 96, 98, 2001, and 2006 ( the older one is married now) so technically 3- 4 of them will be over 21 by the time his process starts at NVC. 

 

does NVC go by the date when the application was filed or how does it work? Thanks 

[Unlockable 7,306]

When was your mom's petition for her brother approved? What year?

Edited May 18, 2020 by Unlockable

[SusieQQQ 11,584]

47 minutes ago, waiting4approval said:

My mom applied for her brother and his family  (my uncle) in December 2008.. priority date will be in a year or so but I am wondering if his children will be eligible for the immigration or not. 
 

His children were born in 94, 96, 98, 2001, and 2006 ( the older one is married now) so technically 3- 4 of them will be over 21 by the time his process starts at NVC. 

 

does NVC go by the date when the application was filed or how does it work? Thanks 

Need more information 

Priority date of petition 

approval date of petition 

birth dates of the potentially eligible derivatives (it seems you know the married one is no longer eligible)

the basic calculation is subtract time between approval date and priority date from actual age, on the date a visa becomes available (this last date you don’t know exactly yet), this adjusted age needs to be under 21 to be eligible for a visa 

Edited May 18, 2020 by SusieQQQ

[waiting4approval 2]

Thank you. Sorry I should have shared that information

 

priority date: dec 26, 2008

 

approval date: May 25, 2010

 

 I don’t have their exact birthdates with me right now but I was just guesstimating their ages  based on their years! 
 

I will double check with the information you shared when I have records in front of me. Thanks 

 

[waiting4approval 2]

1 hour ago, SusieQQQ said:

Need more information 

Priority date of petition 

approval date of petition 

birth dates of the potentially eligible derivatives (it seems you know the married one is no longer eligible)

the basic calculation is subtract time between approval date and priority date from actual age, on the date a visa becomes available (this last date you don’t know exactly yet), this adjusted age needs to be under 21 to be eligible for a visa 

yeah even if I put random dates, except the one born in 2008, rest of them probably won’t be eligible 😞 

I thought it was just the married ones but I guess I was wrong! 
 

1 hour ago, Unlockable said:

When was your mom's petition for her brother approved? What year?

May 25, 2010 

[SusieQQQ 11,584]

33 minutes ago, waiting4approval said:

Thank you. Sorry I should have shared that information

 

priority date: dec 26, 2008

 

approval date: May 25, 2010

 

 I don’t have their exact birthdates with me right now but I was just guesstimating their ages  based on their years! 
 

I will double check with the information you shared when I have records in front of me. Thanks 

 

Yeah so it’s just around a year and a half, so basically anyone older than around 22 1/2 when their priority date becomes current won’t be eligible.  F4 is current for July 2006 as of now so it’s probably a good while still till the PD becomes current too unfortunately- the younger two should be fine, the 1998 one will probably be borderline and exact dates will matter then. 1996 has already aged out.

[waiting4approval 2]

Thank you. Shouldn’t I be looking at table 2 that is July 2007 For F4? That’s how I was thinking a year and half before they get called from NVC 

[SusieQQQ 11,584]

37 minutes ago, waiting4approval said:

Thank you. Shouldn’t I be looking at table 2 that is July 2007 For F4? That’s how I was thinking a year and half before they get called from NVC 

Being called by NVC is not a relevant date for this calculation. The date a visa is available is when the PD is current in table 1.

[NancyNguyen 1,657]

The waiting time is too short only 1 year 5 month (approval date - priority date) so by the time the PD is current, only 2001 and 2006 are promising for CSPA.

 

[waiting4approval 2]

3 hours ago, SusieQQQ said:

Yeah so it’s just around a year and a half, so basically anyone older than around 22 1/2 when their priority date becomes current won’t be eligible.  F4 is current for July 2006 as of now so it’s probably a good while still till the PD becomes current too unfortunately- the younger two should be fine, the 1998 one will probably be borderline and exact dates will matter then. 1996 has already aged out.

Sorry I got the dates now and it’s Jan 25, 1999 and August 12, 2000. 

[waiting4approval 2]

Thank you everyone for you input. I have shared this with my uncle just so there aren’t any unpleasant surprises at that time. I believe the second one is getting married soon but I wonder if third will

be able to come by then or not.. we shall see!!  

[SusieQQQ 11,584]

Working backwards 

- for the one born Jan 1999, the PD needs to be current by June 2021 to remain eligible.

- for the one born Aug 2000, the PD needs to be current by January 2023 to remain eligible.

 

(fyi the visa available date is the first day of the month the VB is published containing the current PD. So if it’s published in the VB of June 2021, the date used is 06/01/2021.)

Edited May 19, 2020 by SusieQQQ

[waiting4approval 2]

1 minute ago, SusieQQQ said:

Working backwards 

- for the one born Jan 1999, the PD needs to be current by June 2021 to remain eligible.

- for the one born Aug 2000, the PD needs to be current by January 2023 to remain eligible.

Thank you. This is very helpful .. by current meaning NVC has issued their invoice and requested documents.. right? 

Edited May 19, 2020 by waiting4approval

[SalishSea 16,809]

3 hours ago, waiting4approval said:

Thank you. This is very helpful .. by current meaning NVC has issued their invoice and requested documents.. right? 

It means that a visa number is available.

[SusieQQQ 11,584]

4 hours ago, waiting4approval said:

Thank you. This is very helpful .. by current meaning NVC has issued their invoice and requested documents.. right? 

No. It means that a visa number is available - again, refer to table 1 in the visa bulletin for this.