Can i sponser my Sister and her son GC

[vipulsud19380]

Hi All,

I am new to this forum. I am a US citizen and would like to apply GC for my Sister from same father/mother. Her whole purpose to get GC for herself is to come to USA with his son( who is 11 years old right now). My question is

if i apply her GC today , as of now I think it takes 14 years to get family based GC. If let say i apply her GC today and she gets it after approx 15 years from now. will her son ( who will be 26 yeares of age) will also get GC with her .

Please help me to understand this

Vip

[newacct]

Hi All,

I am new to this forum. I am a US citizen and would like to apply GC for my Sister from same father/mother. Her whole purpose to get GC for herself is to come to USA with his son( who is 11 years old right now). My question is

if i apply her GC today , as of now I think it takes 14 years to get family based GC. If let say i apply her GC today and she gets it after approx 15 years from now. will her son ( who will be 26 yeares of age) will also get GC with her .

Please help me to understand this

Vip

It depends on the math of the CSPA age calculation. The period of time the I-130 petition is pending (time from filing of the I-130 until it is approved) is subtracted from the child's age. So for example, assuming that a visa number becomes available when the son is exactly 26 years old, then he is eligible to immigrate as a derivative beneficiary if the I-130 was pending for more than 5 years. Otherwise he has aged out.