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What happens to kids of sibling in Family based green card process?

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  • What happens to kids of sibling in Family based green card process?

    Hi,
    I had a basic question.
    If I plan to sponsor my sibling for the green card and if their kids age today is say 10 years, what happens to them when by sibling gets their green card say 15 or 18 years later?
    Their kids would have out grown the age limit.

    Do their kids also get the green card even if they are older than 21 years at that time?

    Just wanted to understand this timeline.

    Thanks a lot.

  • #2
    The kids may or may not age out. Under the Child Status Protection Act, the length of time the petition is pending (i.e. from I-130 filing to I-130 approval) is subtracted from the child's age when determining whether they aged out, as long as they seek to acquire a visa within one year of it becoming available. So whether they will age out depends on how many years the I-130 takes to approve, and when a visa number will become available.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Oh thats interesting.
      Do you know out of say 15-20 years wait time, how long does !-130 filing to approval take?

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