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rrm19752

how request a Western Hemisphere Priority Dates?

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Filed: Timeline

I'm not sure what you mean, exactly, by "request a Western Hemisphere Priority Dates". If you are simply asking how to find out your father's specific filing (priority) date, you can submit a Freedom of Information Act (FOIA) request to USCIS.

If you are asking about whether the priority date is current (i.e., you can process the application), there is no longer a separate Western Hemisphere Priority Date (WHPD). It was incorporated under the family-based preference categories when the Immigration and Nationality Act was changed in 1976. There was/is a provision for using the unused WHPD pre-1977 dates of the principal applicant -- called registrants -- and for derivatives in existence at the date of filing of the original petition. Interestingly, derivatives were the spouse, unmarried children under 21, and any children born later from a marriage that existed on the original filing date. There would have to be a subsequent (after 1977) petition filed on behalf of that individual by a qualifying relative, but that petition would have the original WHPD date. Confusing, right?

Key for the principal applicant is the word "unused" priroity date. You said your father's "visa" was a SA-1 class of admission. If he actually received the visa and then returned to Mexico or never used the now-expired visa to enter the US, that changes things. If you or your father are actively trying to immigrant now, this is likely one case where I would recommend a good lawyer. You can simply google "Western Hemisphere Priority Date" and get a good deal of information that might help you decide whether to pursue this, with or without a lawyer, or not.

Good luck!

Edited by jan22
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Filed: Timeline

My father lives in the USA, has a residence permit, my American citizen sister asked me through i-130 18 August 20013, I have documetos the record of my father in 1975, I did not and used his date prioridar, my question is how to request Western Hemisphere Priority Dates in uscis?

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Filed: Timeline

Again, this is likely a case where a consultation with an immigration attorney would be helpful. It is unlikely that anyone on a do-it-yourself website has direct experience with something this arcane. For example, I do not know for sure if the WHPD can be applied to any petition filed for you or only on petitions that are filed by the original beneficiary. A lawyer would know/could properly research.

As a start, the only thing I can suggest is that -- if you haven't already done so -- submit all of the documentation showing your relationship to your father, documentation that you were born into a marriage that was in existence at the time of the original petition (marriage certificate, etc.), documentation of his status in the US including his A number, and a letter with a specific request that his priority dtae be used for your pending petition. Include a copy of the NOA for your petition.

Or, your sister could make an InfoPass appointment and take all of this documentation with her and try to speak to someone directly about it.

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Filed: F-2A Visa Country: Philippines
Timeline

How did your father immigrate to the US? When exactly was his priority date? When did he enter the US? When is your birthday?

If you want specific answer to your case, you need to provide concise information as well.

You can get the priority date archives here: http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html

Edited by apple21
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Filed: Timeline
1- How did your father immigrate to the US?

R: special imigrant,class admision:SA1 , SON BORN IN USA IN 1974


2- Is it thru a work visa?

EXCLUDED OF CERTIFICATION LABORAL FOR SON BORN IN USA IN 1974


3- Was he petitioned by his family?


4- When did he enter the US?

R: REGISTERED IN 1975 IN CONSULATE MEXICO, VISA APROVAL IN 1982


5- When is your birthday?

SEPTEMBER 26, 1975

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Filed: F-2A Visa Country: Philippines
Timeline

Who is the son born in USA? Your post is so confusing.

Check your dad's "resident since" date on his green card. That's the date he entered the USA.

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Filed: F-2A Visa Country: Philippines
Timeline

If you're chasing a derivative child's visa, you already aged-out of it. To qualify as a derivative child, you must be unmarried and below 21 years old.

Why did you wait almost 40 YEARS??? Then ask now if there's still hope from your dad's past petition? Highly unlikely. Sorry. I'm not putting the blame on you. It's your dad's fault that he didn't process your visa application for whatever reason.

You're better off waiting for the petition filed for you by your sister.

Edited by apple21
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Filed: F-2A Visa Country: Philippines
Timeline

Since your dad is a green card holder, he can also file an i130 for you (if you are unmarried).

Or consult an immigration attorney who was experience handling special immigrant cases.

This is already beyond my humble knowledge.

I wish you all the best!!! ☺️

Edited by apple21
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