Legal Question in Immigration Law in Pennsylvania

When I filed a I-130 for my sister her son was a minor but now that the petition has been accepted her son, my nephew, is 21 years old and unmarried. Does that make my nephew ineligible or eligible to receive a visa?


Asked on 12/25/09, 2:32 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Yes, if he aged out and is over 21 at the time when a visa is available he will not be eligible for an immigrant visa as a dependent, unless he is protected by a CSPA law (which is decided on a case-by-case basis, based on the timelines of a case).

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Answered on 12/30/09, 3:32 pm


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