Cut-off of age for dependent

[bubbakhan]

As a US citizen I applied for immigrant visa for my sister and her family. Their priority date is Sept 1998. Per visa bulletin NVC is processing august 1997 at this time (family - 4th preference). So their number should come up in about 1year.

My question relates to aging out of my niece. Presently, she is just under twenty years old. If all moves forward at the current pace she will be about 21 when their case becomes current. Would she be given the immigrant visa as my sister's dependent? Is there a cutoff date NVC/Consulate goes by. Meaning if she is found to be over 21 on the day of the interview, she does not get the visa, but if she is under she does. I am trying to find out what that cutoff date is. Is it the date the NVC sends out the packet? Is it the date they file with the consulate?

Thanks,

[cancerian217]

I almost had the same situation five years ago.I believe if some one is over 21 they are not considered dependent thats why she wont be able to get the visa,if she reaches 21.My personal experience is the actual processing dates moves faster than the posted online dates,atleast in our case.I also remember that my dad had some documents,i dont remember what,it said that if some one in the beneficiaries is about to become 21,please notify us(ins).But we got lucky,and every one went faster than we thought.This was 2003,laws change and this is my personal experience.Best of luck.....