HELP ON GC mother sponsored son

K

khairpur

New Member
Please help me on this,I need some information on following situation, “A green card father sponsored his unmarried son about 8 years ago, after 4 years of filling son got married, now he has 2 children. His father has applied for citizenship.
Immigration says his unmarried over 21 petition would be revoke if he married.

If his father gets US citizenship, can he upgrade petition for his son from unmarried to married? And what would be his priority date, does son has to wait again 8 -10 years?

I will appreciate your help.
 
khairpur said:
Please help me on this,I need some information on following situation, “A green card father sponsored his unmarried son about 8 years ago, after 4 years of filling son got married, now he has 2 children. His father has applied for citizenship.
Immigration says his unmarried over 21 petition would be revoke if he married.

If his father gets US citizenship, can he upgrade petition for his son from unmarried to married? NO And what would be his priority date, does son has to wait again 8 -10 years? YES, but thats debatable as no one ever heard of that happening.

I will appreciate your help.
Click to expand...

1. NO
2. YES
 
TheRealCanadian said:
I'm not convinced that the old priority date would be lost, provided the I-130 was approved.
Click to expand...
But the fact is that his old priority date is lost the day he got married (his I-130 was also nullified). The only way he could have retained his old PD was that he should have waited till his father's naturalization.
 
well, if his I-130 was approved prior to his marrying, there may be a chance of PD portability. He needs to read up on the law.
 
You must log in or register to reply here.
Top