family / employment immigration

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shanchak

Registered Users (C)
He was included in F4 family visa category with priority date at the end of 1989.When the family got LPR status in 2001, he aged out as he became 23 years old. (Mother cried a lot for this type of cruelty of leaving a son behind in another country after waiting for 11 years. Who cares anyway!)
Mother applied again I130 in 2001 and the application got approved and waiting for visa priority date in F2B category. At present according to Visa bulletin, May 1999 is the cut of date, whatever.
Here is another twist: he is married now.
(Note: Marriage is also an important life event like getting green card!).And he is already in USA with his wife with H1 Visa. The company has applied for his green card with his wife (I-140, I485 etc) already.
Now my questions are
1) This earlier approval (F2B) will have any effect on present EB application?

2) Seeing the long line in immigration process in USCIS and uncertainty in EB category approval, Can the mother upgrade his F2b to USC F3 category after becoming US Citizen? In that case can he retain the earlier priority date may be 2001, if not 1989?
Or can EB application use his Family application priority date?

thanks
 
The I-130 petition was voided when the age-out guy married before his mother is naturalized. In other words, if they wanted to keep their I-130 valid, the guy must remain single before the mother became USC.

Now the mother has to file another I-130 based on F3 category ONCE SHE BECOMES USC. They cannot use any of their previous priority dates 'coz they are all voided.

I think the best way for him to get a GC is through his wife. He should be able to get GC at the same time with his wife when her employment based GC gets approved.

My 2 cents. Hope this helps.
 
Thank you for the information. Happy to see some one is very kind to answer.

If the EB case gets approve then it will be a big relief., The EB application is under sons name. Wife is the secondary applicant.

But I read somewhere in this forum that a son/ daughter was waiting for LPR visa (F2B). When the visa interview call came, she or he was married with children. Then either of the parents became US citizen and they reapply under F3 with the request of keeping the old priority date. And that case is under consideration in USCIS office.
You or anyone else has any knowledge about this case?
And do you think a lawyer can help this case (retaining priority date)?
He is waiting for last 20 years to get permanent residency in USA!
Thanks again.
 
shanchak said:
If the EB case gets approve then it will be a big relief., The EB application is under sons name. Wife is the secondary applicant.

But I read somewhere in this forum that a son/ daughter was waiting for LPR visa (F2B). When the visa interview call came, she or he was married with children. Then either of the parents became US citizen and they reapply under F3 with the request of keeping the old priority date. And that case is under consideration in USCIS office.
You or anyone else has any knowledge about this case?
And do you think a lawyer can help this case (retaining priority date)?
Click to expand...

Oh sorry I mixed it up... your son is the primary EB applicant. Anyway the outcome would be the same - your son and daughter-in-law will get GC at the same time - and probably that would be the fastest way, because it would take a long time to wait for I-130 application filed under F3 to become current in you case.

You can only retain the priority date only if you son didn't get married before you became a USC. This is the law, I'm not positive that the case on the other forum can get it sorted out... and I don't know if a lawyer has the power to twist the law :rolleyes:
 
"You can only retain the priority date only if you son didn't get married before you became a USC. This is the law, I'm not positive that the case on the other forum can get it sorted out... and I don't know if a lawyer has the power to twist the law."

Did you see this rule anywhere on USCIS website
Or this is the opinion of any immigration lawyer ?
I just want to make sure .
Thanks for the reply though.
 
A1: No connection whatsoever
A2: Had the son waited for his mother to become a US citizen before getting married, he could have ported his priority date from F2B-->F1-->F3. Since he got married, I am not too sure it is possible at all. I am pretty sure his family based application priority date cannot be used for his employment based application.

shanchak said:
1) This earlier approval (F2B) will have any effect on present EB application?

2) Seeing the long line in immigration process in USCIS and uncertainty in EB category approval, Can the mother upgrade his F2b to USC F3 category after becoming US Citizen? In that case can he retain the earlier priority date may be 2001, if not 1989?
Or can EB application use his Family application priority date?

thanks
Click to expand...
 
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