F3- son age 21

[Pinkee16 0]

Hello, can you help me with my problem? My moms paper was already on process, shes on f3 visa, and we saw on the nvc, that it is currently ongoing, now my problem is, my brother turned 21 last august, and someone told me, that theres a chance that my mom wont be able to bring my brother in the us even if his visa was already paid, cause he is over age?

Is there anything we can do?

Their notice of approval arrived last 2010, so they already paid their visa, and back then my brother is still 17.. Please your help is very much appreciated. Thanks

[Boiler 43,458]

F3 PI is 1993?

http://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-december-2015.html

[Pinkee16 0]

What do you mean?

Is this anything we can do? Like file an appeal? Or can my mom bring him to the us together with her

[Boiler 43,458]

Took 17 years to get a NOA?

[Pinkee16 0]

No, they filled the f3 on 1995, got their case number last 2010

[Boiler 43,458]

So a couple of years to go and he may be covered by CSPA.

[Pinkee16 0]

What do you mean?

[Pinkee16 0]

Priority date: june 1995

Visa application: june 1995

Date approved: aug 1995

Visa became current: sept 2010

Brothers dob: aug 1994

Does the cspa applies to him?

Thanks

[aaron2020 11,651]

There is nothing to do but wait.

Based on the information you provided, it took USCIS about 15 years to approve the I-130 before sending it to the NVC. This means your brother is protected under CSPA until age 36 (approximately) as long as he stays single and applies for a visa within one year of your mother's PD becoming current.

[aaron2020 11,651]

Priority date: june 1995

Visa application: june 1995

Date approved: aug 1995

Visa became current: sept 2010

Brothers dob: aug 1994

Does the cspa applies to him?

Thanks

There was no "visa application" in June 1995. That was a I-130 petition.

Visa did not become current in 2010. The I-130 was approved and sent to the NVC.

You family have not applied for visas. That will not happen for several more years.

You need to distinguish between the I-130 petition and the DS-260 visa application. You are making the mistake that the two are the same. They are not.

Edited December 7, 2015 by aaron2020

[Pinkee16 0]

There is nothing to do but wait.

Based on the information you provided, it took USCIS about 15 years to approve the I-130 before sending it to the NVC. This means your brother is protected under CSPA until age 36 (approximately) as long as he stays single and applies for a visa within one year of your mother's PD becoming current.

can you help with this.

PD: june 09, 1995

date of birth: aug 27, 1994

date of approval: aug 30, 1995

does CSPA still applies?

[aaron2020 11,651]

can you help with this.

PD: june 09, 1995

date of birth: aug 27, 1994

date of approval: aug 30, 1995

does CSPA still applies?

You are giving me different dates. What happened to 2010? Correct dates matters.

If these are the correct dates, then your brother has 2 months of CSPA protection. He aged out at 21 years and 2 months old and CSPA can not help him. Your mother will have to petition him after she immigrates and that will take 10+ years if he stays single.

Sorry.

Edited December 7, 2015 by aaron2020

[Ryan H 3,791]

Moved from What Visa Do I Need - Family Based Immigration forum to Brining Family Members of US Citizens to America forum.

[Boiler 43,458]

Perhaps there was retrogression? Dates and description are confusing.

Edited December 8, 2015 by Boiler

[aaron2020 11,651]

Perhaps there was retrogression? Dates and description are confusing.

Mom's PD never became current in 2010-2011. NVC processed the case in anticipation of the PD becoming current and it did not before retrogression. Retrogression had no effect on a case that never became current.

Mom's PD will finally become current for the first time sometime in the next few years. The son's CSPA age is already over 21. CSPA can not help him. LPR mom will have to start a new case with a new I-130.