I just became a U.S. citizen, and I want to apply for my brother who lives in Germany with his spouse and 2 children. I believe I need to fill out an I-130 for all 4. My question is this: I read on USCIS that the children have to be under 21. Well, the children are now under 21, but by the time a visa number becomes available in 10-12 years, both children will be over 21. Does that mean that the children won't be able to come because they are over 21 when the visa number becomes available in 10 years?
Depends on the time it will take between the petition is filed and approved. The kids will get credit of this time against their age at the time when priority becomes current.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
All you need to do file one I-130 petition for your brother. Will take at least 12 years to process, depending on the country of birth.
I wouldn't worry about the children "aging out" soon, since their ages will remain "frozen" for the years it takes to process your brother's petition and the priority date becomes "current".
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
It may take about 12 years for your brother and his family to immigrate. Any time that the I-130 is pending will be subtracted from the age of his children when his priority date becomes current.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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