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Able to retain parent's priority date? Yes and no...


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Filed: Timeline

With all these recent cases of aged-out children who were derivative beneficiaries before and who now can retain their parent's original priority dates in a new petition filed by their parents to be able to migrate to the U.S. in a short period of time, I found this video to be important to share.

Now, keep in mind that not every place in the U.S. allows this to happen. The U.S. Circuit Courts of Appeals are divided in their answer. The 5th (Texas-based) and 9th (California-based) Circuits said YES, you can retain the original priority date of your parents to be used when they file for you a new petition in the F2B preference. While the 2nd Circuit (New York-based) said NO, you can not do that.

The fact remains there: USCIS is actually adjusting status to people who were derivative beneficiaries once but who aged-out and now are the main beneficiaries of F2B petitions with the priority dates of their parent's original petitions.

So in conclusion, whether you can do this or not, it all depends on geography.

Edited by bca94
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