I-130 and Priority Dates

brsnowrider

Registered Users (C)
Does anyone have any recent experience with using an old priority date for a new petition?

Here's the 411... My sister filed an I-130 for me and I have a priority date of July 26, 2003. My mom just got her citizenship and we are filing another I-130 so that I bump up from 4th preference to 1st (I though 2b but atty claims 1st). Can I use the old priority date with the new petition or will I still have to wait another 5 years?

Currently, I'm 21+, single on paper, and 'PR pending' with a long overstay.

Thanks!
 
Turns out I am 245(i) eligible due to an I-140 that was filed by my father's business in 1988 but then later denied. That takes care of the overstay since I never left the US. The I-130 with PD of 2003 has just been approved. Can I use the PD of the I-140 with the approved I-130 petition? Or does the old rejected I-140 only serve to to establish 245(i) eligibility?
 
What is "single on paper"? Either you are unmarried or you are not. If you falsely claim to be unmarried for the earlier priority day, you can lose your GC.
 
UNmarried! And staying unmarried for the sole purpose of staying in 1st priority. But what good is it if the Visa for 1st priority petition will take longer than the 4th based on their filing dates?
 
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