Unmarried kids over 21

[tony deez 0]

HI

My brother applied for My husband and I to move to the US. My application was approved and I received a case number and an invoice ID to continue my application. IS it possible to add unmarried kids over 21 at this point. Has anyone been in this situation and is familiar with this. Not sure if its worth getting a lawyer at this point! Their names were not added to the initial application by the US citizen over 10yrs ago! 

[Family 3,536]

25 minutes ago, tony deez said:

HI

My brother applied for My husband and I to move to the US. My application was approved and I received a case number and an invoice ID to continue my application. IS it possible to add unmarried kids over 21 at this point. Has anyone been in this situation and is familiar with this. Not sure if its worth getting a lawyer at this point! Their names were not added to the initial application by the US citizen over 10yrs ago! 

Your children were already listed in the I-130 as well as their date of birth .

If they were under 21 when your brother applied, they age out when they turn 21. There are some CSPA calculations ( relevant to when I-130 was filed , how long it took to approve , when visa became current ) but if they are not at NVC as derivatives am guessing not CSPA protection available.

 

What is I-130 priority date?
 

How old were kids when I-130 was filed? 
 

How old are they now?

 

What Country ? 
 

[Boiler 43,636]

If it was 10 years ago you have another 5 years ish to go.

 

Your brother petitioned you when the visa number is current then a spouse and minor children can be included.

 

CSPA provides some protection for children who may age out, but it depends on the dates.

[tony deez 0]

22 minutes ago, Boiler said:

If it was 10 years ago you have another 5 years ish to go.

 

Your brother petitioned you when the visa number is current then a spouse and minor children can be included.

 

CSPA provides some protection for children who may age out, but it depends on the dates.

 

[Family 3,536]

Attachment is not legible, but if u like respond to my questions 

[tony deez 0]

Just now, tony deez said:

 

This Is the part of the process im in. Just received the notice but my child is 23now. My brother applied for us in 2009. It has 

 

44 minutes ago, Family said:

Your children were already listed in the I-130 as well as their date of birth .

If they were under 21 when your brother applied, they age out when they turn 21. There are some CSPA calculations ( relevant to when I-130 was filed , how long it took to approve , when visa became current ) but if they are not at NVC as derivatives am guessing not CSPA protection available.

 

What is I-130 priority date?
 

How old were kids when I-130 was filed? 
 

How old are they now?

 

What Country ? 
 

Not sure how to find the priority date but the nvc number starts with 2010. The kids were 12 and 10 when the aplication started in 2009 they are now 23 and 25yrs old. We live in Albania. 

[tony deez 0]

6 minutes ago, tony deez said:

 

I hope this looks better. It just shows our names but the kids are not listed!

[Family 3,536]

Your 2009 priority date is not current . See the August , 2022 Visa Bulletin. Look at F-4 . 
To know your exact priority date look at the I-130 Approval Notice from USCIS and it’s also the same as  listed in the various emails from NVC .

 

Given that , CSPA calculation can only be done when visa becomes current ,  your kids will not get protection unless there was an enormous ( like years)  gap between the Priority Date ( same as filing date) and the Date of Approval for I-130 ….

 

So , kids cannot be added. 

 

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-august-2022.html

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	01DEC14	01DEC14	01DEC14	15MAR00	01MAR12
F2A	C	C	C	22APR19	C
F2B	22SEP15	22SEP15	22SEP15	01APR01	22OCT11
F3	22NOV08	22NOV08	22NOV08	15OCT97	08JUN02
F4	22MAR07	22MAR07	15SEP05	01JUN00	22AUG02

[Family 3,536]

If your NVC case number contains a 2010, that means the I-130 was filed and approved in one year, therefore there is nothing to look at or calculations, nor are they CSPA eligible. They just aged out

[Family 3,536]

49 minutes ago, tony deez said:

This Is the part of the process im in. Just received the notice but my child is 23now. My brother applied for us in 2009. It has 

The process you are in w NVC just means that you can pay fees , submit financial and civil documents for review by NVC and then wait for visa to be current before it gets sent to Consulate. 

[SusieQQQ 11,584]

To know if they qualify for CSPA, need date of petition filed plus date of petition approval, plus date visa is available. Visa is not available yet. So the key question is what is the difference between filing date and petition approval date. The difference between those two is what you can subtract from the age to get CSPA age. So example if it took 2 years to approval, your son needs to be under 23 on the date a visa becomes available. If family is right and it’s only a year, yes your kid aged out already. This is nothing to do with whether or not they were listed.  They simply are not eligible as derivatives because of age. However, once you get your own green cards then assuming they are still unmarried, you can file for them as over 21 sons of LPRs - that’s approx a 7-8 year wait. If they get married you can file after  you become citizens, but that’s more like a 14-15 year wait. 

[Family 3,536]

43 minutes ago, SusieQQQ said:

If family is right and it’s only a year, yes your kid aged out

NVC case numbers tell exactly when USCIS approved I-130 and sent case to NVC 

https://www.justia.com/dictionary/case-number/

[Chancy 6,233]

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