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  • recapture the priority

    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    A: The petition filed by your mother is no longer valid and she must file a new petition for you.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
    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    A: The petition filed by your mother is no longer valid and she must file a new petition for you.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.


    *****

    Comment


    • #3
      Yes.

      Comment

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