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My uncle (mother's brother) filed application (I-130 Form) for my mom, dad, brother and I in 2013 Dec. Now, in August 2020, we got the approval letter. I was 15 years old then and now I'm 22. My brother was 12 in 2013 and now he's 19 years old. My question is: How much time will it take for the visa to come? And what are the next steps? I am afraid that we will be aged out of qualifying by the time we would actually get the visa. Many people are quoting here that they got visa after 11 years from approval. Could someone please help?

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  • In what countries were your mom and dad born? – user102008 Sep 2 '20 at 16:10
  • They were born in India and we all are currently living in India. – Punit K.5 Sep 3 '20 at 9:47
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The current (Sep 2020) visa bulletin shows that for the F4 category for people born in India, visa numbers are currently available for priority dates (i.e. for I-130 filed) before March 8, 2005 (about 15.5 years ago). So if the wait remains the same in the future, you can expect a visa number to be available for your petition in about 2029 (though the wait may get shorter or longer in the future).

Under the Child Status Protection Act (CSPA), the amount of time the I-130 is pending is subtracted from a child's age when determining whether he/she has aged out. In your case the I-130 was pending (i.e. from filing to approval) for about 6 years and 8 months. That means children will age out at an age of 21 + 6 years 8 months = 27 years 8 months. In 2029, you will be about 31, so you will almost certainly have aged out. Your brother will be about 28; depending on how the visa bulletin moves in the future and his exact birthday, it is possible that he might barely make it.

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  • Thank u so much for the revert back. Actually, we got an update that visa numbers are currently available for priority dates of 2009. Some of my relatives told me that. Do u have any idea about it? Some people say that visa bulletin is not updated. Any idea? – Punit K.5 Sep 4 '20 at 3:25
  • @PunitK.5: No. The visa bulletin is updated every month, and it is what controls whether consulates can issue immigrant visas or whether USCIS can approve Adjustment of Status. The dates for each category are different. – user102008 Sep 4 '20 at 4:11
  • Thank you so much :) – Punit K.5 Sep 5 '20 at 3:44

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