Petitioned for brother's family, child over 21

[trincipia]

Hi, I searched the forum and came across info about children over 21 if the parent was the petitioner, but am unsure if the rules apply to this case.

I am a US Citizen who petitioned for my brother and his family in 2002. I've been checking the Visa Bulletin for the F4 category and there's a high possibility his priority date will come up within the next two years. My brother's son is currently 20 and unmarried, but will turn 21 in six months.

My question is if there are certain conditions around his son's age and what I would need to do to keep his son on my brother's petition.

Thank you!

[deathrow2020]

Petitioned for brother's family, child over 21

As long as your brother's son remains unmarried even after turning 21, his son would still qualify for a derivative status & would be able to immigrate with him to the US whenever his father's (your brother's) preference visa category becomes available, since the current US immigration law protects age-out cases like your brother and his son's by using the age of the beneficiary of a petition based on the priority date (in other words, his age at the time of filing the application on his behalf - check that with his priority date- would be used and not his real age at the time of visa availability as long as he remains unmarried).

Hope the above helps.

[aaydrian]

Read up on CSPA. And yes your nephew and your other nieces and nephews despite their age needs to remain unmarried.