Two I-130 pending, what will be the priority date?

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popeyesailor

Registered Users (C)
I am a US citizen and my parents are LPR.

I sent I-130 for my brother (over 21, unmarried, i.e. F4) in Oct. 2008. My parents recently became LPR and filed another I-130 for my brother in Sep. 2009. Once they become US citizens, they plan to upgrade their petition to F1.

My question is: what will be the priority date for my brother? Will the Oct. 2008 date be considered the priority date for both petitions? Or some other.

I can not find the answer anywhere. I will greatly appreciate a source.

Thanks.
 
popeyesailor said:
I am a US citizen and my parents are LPR.

I sent I-130 for my brother (over 21, unmarried, i.e. F4) in Oct. 2008. My parents recently became LPR and filed another I-130 for my brother in Sep. 2009. Once they become US citizens, they plan to upgrade their petition to F1.

My question is: what will be the priority date for my brother? Will the Oct. 2008 date be considered the priority date for both petitions? Or some other.

I can not find the answer anywhere. I will greatly appreciate a source.

Thanks.
Click to expand...

If you go Visa bulletin you will find all the answers.
 
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My understanding is that you can NOT upgrade the petition (and date). Meaning when your parents will apply for him, that priority date will be the date for your brother for THEIR petition. However your petition will still be valid with its own priority date (just a really long wait).
 
TheRealCanadian said:
If your I-130 is approved, it will become your brother's priority date.
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Can you give a reference to that, please? When I asked a lawyer similar question some time back (different forum) he said it's not true (considering the brother is over 21 years old).
 
I have been unable to find any guidance on this at all. Maybe I should call USCIS customer service and hope they direct me to someone knowledgable :)
 
popeyesailor said:
I have been unable to find any guidance on this at all. Maybe I should call USCIS customer service and hope they direct me to someone knowledgable :)
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Don't call them - it's not CIS, but the answering office with people knowing basically nothing. Either spend some money and consult the lawyer (in fact you can consult on-line for something like $20-25) or do the infopass and talk to the officer. After making REALLY stupid mistake myself I ALWAYS vote for talking to the lawyer when it's really tough question (and not asking advices on forums much as all of us here are not lawyers and don't carry any responsibility for the wrong advises).

BTW, you can post this question at http://www.immigration-information.com/forums/family-based-immigration/ Ron is really good answering tough questions.
 
Thank you for looking that up. That was extremely helpful. I will ask a lawyer to confirm it and post back if I hear anything different.
 
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