Adult Son/Daughter greencard

[Sandesh18]

I applied for my sister's greencard 15 years ago. She is in India. Now her date has become current but now both her sons are older than 21 and one is married. They were younger than 21 when I had filed I130. I assume sons cannot get immigrant visa with her. What is the best/quickest way to get greencard for sons?

[newacct]

The one who is married definitely cannot immigrate as her derivative beneficiary. The other one who is unmarried may or may not still qualify as a derivative beneficiary, depending on how much over 21 he is and how long the I-130 petition was pending (i.e. how long it was from I-130 filing to I-130 approval).

If the one that is unmarried does not qualify as her derivative beneficiary, she can petition him as soon as she enters the US. It would be in the F2B category with a 5-6 wait for visa numbers, and he cannot get married in this time. She cannot petition her married son until she becomes a citizen, and even then, a married son of a citizen is in the F3 category, with about a 12 year wait for visa numbers.

[Sandesh18]

Thanks for replying. How do I find out whether the unmarried son can qualify or not. I130 was filed in 2005 and it was approved in 2019. He is 26 in 2019.

[newacct]

It is very unusual for the I-130 to take 14 years to approve. Are you confusing it with the wait for the visa number to become available, which is around 14 years? I-130 approval and visa number becoming available generally happen at different times.

[Sandesh18]

Yes, normally it gets approved much earlier but in this case it was approved only in 2019. I had to call them to find out why it was stuck. Then they approved it in couple of months. So it was actually approved in 2019. Is this long approval time better or worse for the unmarried son? What formula do they use to see if he'll still qualify.

[scientist2016]

Yes, normally it gets approved much earlier but in this case it was approved only in 2019. I had to call them to find out why it was stuck. Then they approved it in couple of months. So it was actually approved in 2019. Is this long approval time better or worse for the unmarried son? What formula do they use to see if he'll still qualify.

Google CSPA. The gist is: If the I130 has been pending for x yrs. (i.e., approval date - PD = x yrs.), then the derivative beneficiary has to be <(21+x) yrs. on the day the visa became available in order to be considered a derivative child beneficiary.

[newacct]

Yes, normally it gets approved much earlier but in this case it was approved only in 2019. I had to call them to find out why it was stuck. Then they approved it in couple of months. So it was actually approved in 2019. Is this long approval time better or worse for the unmarried son? What formula do they use to see if he'll still qualify.

Longer I-130 approval time is better. In this case, it means that the unmarried son doesn't age out until age 21**4=35, so he didn't age out, and can immigrate as a derivative beneficiary..

[Enub4]

Weird that the forum censored 21 + 14 = 35