Processing new Immigration Application & CSPA

[sarahjoseph]

I currently have a Permanent Resident Card since May 2009 from my sister, preference category F4.

Also, I have recently received the Immigrant Visa Application Processing Fee Bill Invoice for another immigration application through my dad category F3 (Married sons and daughters of U.S. Citizens).
I would like to proceed with the second immigration application (category F3) for this reason:

My eldest son could benefit from the Child Status Protection Act (CSPA), so I could give my son (the last member of the family) a chance to be included with us in the United States. As in the first immigration application (category F4) he was “aged out” and could not benefit from the CSPA.

Is it permissible and legal to proceed in another immigration application so my son could benefit from it? What should I do?

Sarah

 

[Jackolantern]

Also, I have recently received the Immigrant Visa Application Processing Fee Bill Invoice for another immigration application through my dad category F3 (Married sons and daughters of U.S. Citizens).

Do you mean your father filed for you, and then you want to re-immigrate based on your father's petition? I'm sure you would have to leave the US and surrender your existing GC in order to do that. That's if they would even allow the immigrant visa interview to proceed after knowing that you already had a GC when the petition was approved.

Why do you think the CSPA did not let your son accompany you for a green card in 2009, but it would let him get a green card this year when he is a year older? Do you understand the CSPA?