QUESTION

My brother application for immigration visa was filled in April 2010 approved in May 2015 and is in visa center he has two kids who are both over 21

Asked on Dec 17th, 2022 on Immigration - Washington
More details to this question:
will they be able to migrate with parents if they are unmarried and when we can expect a visa center letter for further processing
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Under the Child Status Protection Act (CSPA), the children are given a credit of five years to their age being under 21 due to the visa petition pendency of five years. It is more than likely that the children will not be able to emigrate with the parents as the counting time of the children’s ages will only stop when the priority date becomes current. Currently the sibling category final action date on the January visa chart is only available to those filing petitions prior to September 15, 2005, for India born. On the question of when you can expect a visa center letter for further processing, that will usually not come until the priority date is close to becoming current for visa availability. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 06th, 2023 at 2:04 PM

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