Will it hurt the I-130 application ? -- CSPA

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travelnj

Registered Users (C)
sister just got her green card, her son was aged-out hence she would have to submit I-130 for her son.
In submitting the application, she plans to ask for the consideration of using her priority date, we know it will likely be less than 1 % for any success, however, will it delay the process of I-130?
Has anyone tried it before?

thanks
 
VisaNutz said:
How does this have anything to do with CSPA? Would you please explain?
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May be I have not been following up, hence my post.
I believe there were many discussions in the past that even a child aged out, but the language in the regulation gives hope that the child "should" be able to retain the earlier priority date. I am aware that there hasn't been too many success stories, but if it does not hurt (or delay) the application, she would just include in the application a reference to the privous application and request to retain the earlier priority date. My concern is that it may hold up the application..
 
travelnj said:
May be I have not been following up, hence my post.
I believe there were many discussions in the past that even a child aged out, but the language in the regulation gives hope that the child "should" be able to retain the earlier priority date. I am aware that there hasn't been too many success stories, but if it does not hurt (or delay) the application, she would just include in the application a reference to the privous application and request to retain the earlier priority date. My concern is that it may hold up the application..
Click to expand...

When did your sister son aged out?
 
I am aware of the formula, I am quite sure that he was agd-out. In her case, it took a few months for the I-130 to be approved, he was 26 when the parents' visa number was current. Now that his parents came, they are about to petition for him, but hope that he may be able to retain parents' priority date. I know it is a very looooooong shot
 
Well currently it seems uscis is not interpreting the part of the law which allows "automatic conversion" of a petition. So it's really difficult to say about that.
There is a law suit now in court, that might change the way the law is now being interpreted. Good luck with that!
 
thanks.
I am aware of the past discussions and the law suit etc. At this time, my sister is planning to submit I-130 for her son, but plans to add a note to request the consideration of retaining the prior priority date, but I am wondering whether adding the note will delay the I-130.
I am assuming many people have submitted the I-130 and request to retain the priority date, hence wondering whether anyone has any bad experiences. I am thinking in the worse case, they will just say no, but will the request hold up the I-130 ?
 
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