No option to pay immigrant visa fee for child over 21 eligible by CSPA, in CEAC for FB4 category

[shaken]

I need expert advise.

 

I have files immigrant visa petition for my brother in F4 category with priority date of Dec 2003 (country India). My brother recently got notification and now chose "choice of agent" online. My brother's son was about 12 years in Dec 2003 and now is aged out as he is about 24 years. As per CSPA age calculator, son is eligible to immigrate with my brother as he is unmarried.

 

When I go to CEAC to pay immigrant visa fees, I see invoice for my brother and sister-in-law (only 2 people) but not kids (nephew / nieces).  In other words, there is no option to pay fees for my nephew. My brother wants to come to USA only for my nephew, otherwise there is no point for him to come as he is well-set in India. As per CSPA (https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa), my nephew has to file DS-230 (DS-230 paper or now DS-260 online) in order to "seek to acquire" permanent residence.. However, I can not file DS-260 without paying my brother and sister-in-law's fees. And I am worried that once I pay fees for only parents, my nephew may never get a chance.. This is like catch-22 situation. I can't move forward because there is a chance my nephew may get dropped in process. I have to move forward and pay fees, otherwise I can't file DS-230.

 

I called USCIS and asked about same. The officer told me that it is upto consular officer to decide if my nephew is allowed or not.. I tried to explain catch-22 situation but I did not get satisfactory or clear answer.

 

What should I do? Any thoughts?