回複:請好心人回答一下!幫兄妹申請移民,移民法規定他們的子女必須

suppose you file the I-130 petition for your brothers and sisters now (10/11/2008)and their kids as the derivative beneficiaries and the I-130 petition will be approved 2 years later (10/11/2010). This petition will be pending for 2 years.

let's further suppose that on 10/11/2020, the priority date for your siblings' immigration becomes current and you filed I-485 for all your nephews and nieces within one year after 10/11/2020. The age to be determined for them to qualify as the "Children" for immigration purpose will be in this way: the actual age on 10/11/2020 minus two years (the 130 petition pending time); if the result is smaller than 21, then the newphew/niece is a "child". It does nothing to do with the date of his/her I-485 approval which may be years later after 2020..

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Thank you very much! Very clear and knowledgable! -lovesailing- 給 lovesailing 發送悄悄話 (0 bytes) () 10/12/2008 postreply 17:19:50

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