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?
1 Answer from Attorneys
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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