Immigration case sponsored by parents

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kevinklin

Registered Users (C)
My parents landed in the US on March of 2001 as GC holders. Upon arrival, they filed my GC application immediately as unmarried child over 21. However, I got married on July of 2001. The I-130 they filed was approved on March of 2005.

I wonder if the approved I-130 can have any benefit for me and my wife? My parents is currently applying for their citizenship.
 
I understand the petition for unmarried child is invalid now. However, when my parents become US citizens, they will apply for GC for me again as married child.

I guess my original question was: Would the new petition automatically assume the priority date (March 2001) of the old petition, since I am upgrading the immigration application category?

I have done some research myself in this forum and also on internet? But not able to find a clear answer to it.

Thank you.
 
It is possible that you may be able to retain the priority date. Google search "priority date portability". But that is if the I-130 was approved... and since you got married within months of the I-130 was filed, I doubt it was approved and it became void way before it was approved... then your chances are low.
 
Actually, as for "priority date portability", I googled it already. There are tons of information in the internet about the portability issue for employment based GC, but none on family based GC. That's why I couldn't find a definite answer on it. :confused: If you have any information or website talking about portability I-130, could you please send me the link? Thanks a bunch.
 
If the I-130 was approved and you were eligible (unmarried) at the time of approval, I think there's a good chance you could claim the earlier PD. I don't, however, see that in your situation, since the I-130 was clearly approved in error.
 
TheRealCanadian said:
If the I-130 was approved and you were eligible (unmarried) at the time of approval, I think there's a good chance you could claim the earlier PD. I don't, however, see that in your situation, since the I-130 was clearly approved in error.
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Seeing that they got married within months of the I-130 being filed as single son of an LPR. I agree with you.

ps: 7,000 posts huh? ;)
 
kevinklin said:
Actually, as for "priority date portability", I googled it already. There are tons of information in the internet about the portability issue for employment based GC, but none on family based GC. That's why I couldn't find a definite answer on it. :confused: If you have any information or website talking about portability I-130, could you please send me the link? Thanks a bunch.
Click to expand...

That is because unlike EB immigration petition, there is no mentioning about Family-based PD retention in the law.
you probably couldn't get clear answer here.. You should talk to a lawyer, however, like it was already mentioned, your I-130 was approved after you lost your eligibility to pending I-130, so that I believe you won't be able to retain PD in any way.
 
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GotPR? said:
That is because unlike EB immigration petition, there is no mentioning about Family-based PD retention in the law.
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I think the bigger difference is that in EB cases, finding a new sponsor isn't particularly difficult. There are plenty of companies that can file an I-140 for you. On the family side, your choices are far more limited and therefore a second sponsor is relatively quite rare.
 
If a person with approved I-130 that has become void can retain old priority date then why not a derivative benificiary in an FB4 category who was approved once, but aged out later cann't retain old PD. If that is the case I guess every one in FB2b or FB1 will have old PD's.
I heard that even after CSPA was enacted not every one was able to get old PD on new I-130.
The case under discussion is not even covered by CSPA.
 
xerostomic said:
If a person with approved I-130 that has become void can retain old priority date then why not a derivative benificiary in an FB4 category who was approved once, but aged out later cann't retain old PD.
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Keep in mind that an I-130 or I-140 is filed for the primary beneficiary only. An FB or EB derivative beneficiary does not have an approved I-130/I-140, and therefore until CPSA was passed had nothing to "port".
 
Thanks everyone for your suggestion

Thanks everyone for your valuable opinions.
It seems to me that for all the disscussion groups that I have gone through, and asked the same question, the answers are so divided as to whether I can use the original priority date. In this thread the answer are leaning toward negative (that I can not carry over the priority date), while on another thread right beneath mine, which has almost the same situation, the answer was much more encouraging.

http://boards.immigration.com/showthread.php?t=278076

For the same question that I posted in another forum, a lawyer actually posted two relevant sections of law in his answer. One basically saying that the priority date was void once I got married. Another section of the law says if the immigration is willing to overlook the fact that I have married, then the priority date will be carried over, and that I will be in fast track.
 
CSPA is good by doing bad to others.

CSPA is doing good by putting straing on FB2b visa numbers, further delaying ppl who have been in que much earler then those benefited by CSPA.
 
kevinklin said:
In this thread the answer are leaning toward negative (that I can not carry over the priority date), while on another thread right beneath mine, which has almost the same situation, the answer was much more encouraging.
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They're more encouraging for one simple reason - there's a possibility that the poster may get married (and lose eligibility under FB2) only after the I-130 is approved. In your case, that clearly didn't happen.
 
kevinklin said:
Thanks everyone for your valuable opinions.
It seems to me that for all the disscussion groups that I have gone through, and asked the same question, the answers are so divided as to whether I can use the original priority date. In this thread the answer are leaning toward negative (that I can not carry over the priority date), while on another thread right beneath mine, which has almost the same situation, the answer was much more encouraging.

http://boards.immigration.com/showthread.php?t=278076

For the same question that I posted in another forum, a lawyer actually posted two relevant sections of law in his answer. One basically saying that the priority date was void once I got married. Another section of the law says if the immigration is willing to overlook the fact that I have married, then the priority date will be carried over, and that I will be in fast track.
Click to expand...
Good luck and let us know if you succeed in porting your PD. My suspicision is only because if there was a room in law to port PD even if you were married after approval of I-130 and before your fater's naturalization, then why cann't you change status on old I-130 after your father's naturalization. What's the need to file new I-130 if PD has to be the old one.
In EB categories I can understand a new I-140 with old PD because employer (sponsor) is changed, but in FB category sponsor is always the same (like your father in both new and old I-130).
 
xerostomic said:
In EB categories I can understand a new I-140 with old PD because employer (sponsor) is changed, but in FB category sponsor is always the same (like your father in both new and old I-130).
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In EB categories, you can have multiple I-140s by the same petitioner as well. Let's say I want to hire an alien permanently for an EB3 job in Atlanta. After the I-140 is approved, I decide that I'd rather have him work in my office in Chicago. I file a new LC for the Chicago location, and then a new I-140 based on the new LC, claiming the old PD.

AC21 makes this course of action less necessary, but it's still viable in CP cases.
 
Thanks everyone. I will request the portation of priority date when I file the new I-140 anyways. If there is even a slim chance, I will try it.
Both me and my wife are living and working in the US now, and considering the pain we have to go through everyday dealing with this immigration issue, we wish we have never been in the US. Better off just staying in my home Country Canada 7 years ago. But it is too late now as we are too established here. I am sympathetic to those who are separated from their family in the US (believe me, I have been there once myself). However, it is not even close to what pain and fear we go through everyday.



We will get the green card, soon, no matter what. :mad:
 
kevinklin said:
Both me and my wife are living and working in the US now, and considering the pain we have to go through everyday dealing with this immigration issue, we wish we have never been in the US.
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No offense, but what kind of "pain and fear" are you going through? It's a bureaucratic annoyance, but there are plenty of folks who have undergone actual pain and loss who'd look strangely at you. All you've "lost" is a priority date.

Besides, if you've been here seven years, why hasn't either of your employers sponsored you yet?
 
That's a long story we don't even want to go through. But some key points here is I have tried to apply for GC for 6 years with my current company. It did not go smoothly. We are currently on TN, and anybody going through this path knows what pain that would be for 7 years. We lost status a few times during GC process..... Maybe in some people's eyes it is not enough. But that's not my point. What I want to say is that I have gone through this GC process for 17 years, and separated from my family too. But it was far less painful than what I am going through right now. That's the point.
 
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