ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 3 of 3

Thread: recapture the priority

  1. #1
    Is this ture concering recapture the priority date from the old petition for the new petition??I found this Q&A on the internet.



    Q: My U.S. permanent resident mother filed an I-130 immigrant petition for me when I was under 21 and unmarried. Now the I-130 is approved, but I have been married and divorced since the filing of the petition. Does this change my status?



    A: The petition filed by your mother is no longer valid and she must file a new petition for you. Permanent Residents cannot petition for married children and we are assuming that your mother did not naturalize before you married. On the date that you married the petition became automatically revoked. Your divorce did not reinstate the petition.


    However since the old petition was approved, you should be able to recapture the priority date from the old petition for the new petition. Make sure you include a copy of the approval notice for the old petition when you file the new petition.


    *****

  2. #2
    Is this ture concering recapture the priority date from the old petition for the new petition??I found this Q&A on the internet.



    Q: My U.S. permanent resident mother filed an I-130 immigrant petition for me when I was under 21 and unmarried. Now the I-130 is approved, but I have been married and divorced since the filing of the petition. Does this change my status?



    A: The petition filed by your mother is no longer valid and she must file a new petition for you. Permanent Residents cannot petition for married children and we are assuming that your mother did not naturalize before you married. On the date that you married the petition became automatically revoked. Your divorce did not reinstate the petition.


    However since the old petition was approved, you should be able to recapture the priority date from the old petition for the new petition. Make sure you include a copy of the approval notice for the old petition when you file the new petition.


    *****

  3. #3

Similar Threads

  1. H.R. 5882 Recapture of Unused Visas
    By Hudson in forum Immigration Discussion
    Replies: 3
    Last Post: 09-11-2008, 11:47 AM
  2. H1B time recapture
    By Crush2 in forum Immigration Discussion
    Replies: 3
    Last Post: 07-19-2008, 07:44 PM
  3. Senate Judiciary Bill to recapture Visa# at the Brink of Collapse
    By marmaduk in forum Immigration Discussion
    Replies: 14
    Last Post: 11-05-2005, 08:35 PM
  4. H-1B Recapture procedures
    By Yus in forum Immigration Discussion
    Replies: 1
    Last Post: 04-27-2004, 05:28 PM
  5. what is a priority date????
    By in forum Immigration Discussion
    Replies: 3
    Last Post: 12-29-2002, 06:43 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: