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Results 1 to 7 of 7

Thread: Age Restrictions Connected to I-130

  1. #1
    Hi,

    Upon becoming US citizens, my grandparents filed an I-130 (married son/daughter over 21) for my mother. This was filed when I was about 17 years old, now Iím 21 going on 22.

    What members of my family (father not-divorced, sister under 21, I over 21) can lawfully accompany my mother to the US?

    Thank you in advance!

  2. #2
    Hi,

    Upon becoming US citizens, my grandparents filed an I-130 (married son/daughter over 21) for my mother. This was filed when I was about 17 years old, now Iím 21 going on 22.

    What members of my family (father not-divorced, sister under 21, I over 21) can lawfully accompany my mother to the US?

    Thank you in advance!

  3. #3
    Hi dub21 and welcome,

    your mother is a primary beneficiary of the petition in F4 category. That category allows dependands to immigrate with a primary beneficiary. Dependants are spouses and children under 21.

    Now, being 21 or under that age for immigration purpose is not the same as turning 21 in real life. For immigration purpose, whether one is 21 and older (and no longer eligible to immigrate as dependant in your case) is calculated according to a formula: age at the time priority date becomes current (see Visa Bulletin) -(minus) the time I-130 was pending) has to be less than 21.

    a) if I-130 was filed in 2005 and approved in 2012 (pending 7 years), and visa number becomes available to your family according to Visa Bulletin in 2015; when you are 27, you are still eligible to go with your family (27-7<21)

    b) if I-130 was filed in 2005 and approved in 2006 ( pending 1 year), visa becomes available in 2015, you are 27 but can deduct only 1 year > 21, you can't accompany your family.

  4. #4
    Thank you aneri! Your answer is fantastic, to say the least!

    I was searching the USCIS site for that law, but I couldnít find it. I guess they don't post them on the web.

    Again, thank you very much for your answer!

  5. #5
    Another example of Newspeak. Words don't mean what they mean.

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dub21:
    I was searching the USCIS site for that law, but I couldnít find it. </div></BLOCKQUOTE> Google "CSPA" - Child Status Protection Act

    good luck

  7. #7
    Although I have to say that I can see how it can be regarded as Newspeak, I was just trying not to pass off as a lazy, let-someone-else-fix-it type of person. The initial idea was to include that part in the first message; however, by trying to keep it as concise as possible, so as not to bore possible repliers, I ended up omitting that part.

    Aneri, thank you once again for all your help!

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