Family based immigration

MDneedGC

New Member
I am from India. My mother sponsored my GC ( family based) in 2001 when I was under 21 years. It was approved in 2003. The prority date got current in 2007. But 3 months prior to the priority date became current, I got married. Now, My mother became citizen of US from GC holder in 2008, 10 moths after my marriage. I was waiting for almost 8 years for the priortiy date. Now, my lawyer told me, my petition is cancelled which he did not say prior to my marriage. He never warned me anything.



If my mother filed another petition ( now that I am above 21 and married, and my mother beinga citizen), I still have to wait 10 more years.



Is there any solution? can I use my old priority date of the approved petition?



Thanks
 
Your petition is probably not cancelled, you are just not eligible for that classification because of your marital status.
 
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8 CFR § 205.1 Automatic revocation.

(a) Reasons for automatic revocation. The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:

(3) If any of the following circumstances occur before the beneficiary's or self-petitioner's journey to the United States commences or, if the beneficiary or self-petitioner is an applicant for adjustment of status to that of a permanent resident, before the decision on his or her adjustment application becomes final:

(i) Immediate relative and family-sponsored petitions, other than Amerasian petitions.

(I) Upon the marriage of a person accorded status as a son or daughter of a lawful permanent resident alien under section 203(a)(2) of the Act.
 
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