Is this possible to recapture old priority date?

[kdw]

Hi,

My mom filed I-130 in 1993 for relatives(F4) and their underaged kids. During the waiting time, kids aged out. Relatives just become LPR this year and would like to file I-130 for their kids. However, I've heard that in certain situation, there's a chance to recapture the old priority date(1993).

Do anyone have this experience or heard of this? If possible, could someone tell me how it works? Mom has all old filing documents from 1993.

Thanx.

[ari4u]

Originally Posted by kdw

Hi,

My mom filed I-130 in 1993 for relatives(F4) and their underaged kids. During the waiting time, kids aged out. Relatives just become LPR this year and would like to file I-130 for their kids. However, I've heard that in certain situation, there's a chance to recapture the old priority date(1993).

Do anyone have this experience or heard of this? If possible, could someone tell me how it works? Mom has all old filing documents from 1993.

Thanx.

It would be a new application, new petitioner and for a different category than the previous application. Sorry to tell you that the old PD cannot be used in this case and the I-130 process has to be re-started from beginning.

Also, i dont think CSPA applies in this case.

[kdw]

Thanks for the quick reply.

We know CSPA won't work, so we want to see if there's any other way to get them here quicker. Hate to see them wait for another 13 yrs to come to the states. If they get married, that wait time might extend for few more yrs.

take care.

Oh yeah, another question/scenario:

*IF* the kids apply for a non-immigrant visa (F1, H1, etc.) and get it next month(by miracle, i guess), and their parents mail out I-130 for them tomorrow, are the kids allowed to use those non-immigration visa to come to US once I-130 have been filed? Just curious. thanx

[ari4u]

Originally Posted by kdw

Thanks for the quick reply.

We know CSPA won't work, so we want to see if there's any other way to get them here quicker. Hate to see them wait for another 13 yrs to come to the states. If they get married, that wait time might extend for few more yrs.

take care.

Oh yeah, another question/scenario:

*IF* the kids apply for a non-immigrant visa (F1, H1, etc.) and get it next month(by miracle, i guess), and their parents mail out I-130 for them tomorrow, are the kids allowed to use those non-immigration visa to come to US once I-130 have been filed? Just curious. thanx

H/L visa would be the most safest as it allows dual intent.