USCIS "My Case Was Approved" 18 years ago, did't follow up

[carlos.arreola 2]

On 5/4/2023 at 3:58 PM, Family said:

Worth filing new I-130 w claim to F-2A priority date. 


https://www.ilrc.org/sites/default/files/resources/how_to_recaptureretain_and_utilize_priority_dates_february_2022.pdf

B. When a New Petition May Be Required to Recapture a Priority Date
Based on the language of the DHS regulations, as well as dicta in the Supreme Court decision in Cuellar de Osorio,22 there is a reasonable argument that derivative beneficiary children of LPRs who naturalize, automatically convert to immediate relative beneficiaries, without a new petition being filed by their newly naturalized parent. It is clear that the BIA in Matter of Wang overruled one regulation which required a new petition for aged out derivatives moving from the F2A to the F2B category.

What does it mean exactly? Could this apply to me?

[carlos.arreola 2]

1 minute ago, Family said:

Look at the processing time difference between F-1 ( father) and F-4 ( sister) and you can understand which one will get you here faster , in case priority date is not accorded. 
You are right in preparing yourself for not getting priority date because the principal beneficiary ( mom) did not immigrate.

 

Having both your sister and dad file now, gives you a chance to be covered in case dad passes away …but most importantly will give YOUR ( future) children a chance ….something your dad did not do for your mom and you.

Is it a half sister?

 

 

You are right, better now that never. I really hope NVC accepts the F-2A priority date. 

 

No, she is my biological sister. My dad wanted my mom to give birth to my sister in San Diego.. We live 5 minutes from the border, so....

 

90% of my family are U.S. citizens.

[Family 3,551]

2 minutes ago, carlos.arreola said:

What does it mean exactly? Could this apply to me?

It means file and TRY to claim priority date.😇 You can add a few sentences with the claim on the last page of the I-130 and attach a print out of all sources you’ve gathered. 
 

 

[Family 3,551]

2 minutes ago, carlos.arreola said:

You are right, better now that never. I really hope NVC accepts the F-2A priority date. 

 

No, she is my biological sister. My dad wanted my mom to give birth to my sister in San Diego.. We live 5 minutes from the border, so....

 

90% of my family are U.S. citizens.

It’s USCIS that will determine the priority date on the new petition, not NVC. 

 

[Family 3,551]

8 minutes ago, carlos.arreola said:

No, she is my biological sister. My dad wanted my mom to give birth to my sister in San Diego.. We live 5 minutes from the border, so....

 

90% of my family are U.S. citizens.

There are a few people ( USC) that work in San Diego and commute ( live) across the border..glad at least you got to see everyone on a regular basis.

[carlos.arreola 2]

7 minutes ago, Family said:

It means file and TRY to claim priority date.😇 You can add a few sentences with the claim on the last page of the I-130 and attach a print out of all sources you’ve gathered. 
 

 

I am sorry to bother you with this questions, but, F-2A should be applied separately? (There is a section named "Additional Information" which is one of the lasts steps before submitting the form I-130 online).  And by sources you mean alll the information you guys have shared with me? Like for example this:   

 

B. When a New Petition May Be Required to Recapture a Priority Date
Based on the language of the DHS regulations, as well as dicta in the Supreme Court decision in Cuellar de Osorio,22 there is a reasonable argument that derivative beneficiary children of LPRs who naturalize, automatically convert to immediate relative beneficiaries, without a new petition being filed by their newly naturalized parent. It is clear that the BIA in Matter of Wang overruled one regulation which required a new petition for aged out derivatives moving from the F2A to the F2B category.

[carlos.arreola 2]

8 minutes ago, Family said:

There are a few people ( USC) that work in San Diego and commute ( live) across the border..glad at least you got to see everyone on a regular basis.

Yes, I also have a B2 Visa, so I visit them every weekend, or they will come down.

[SteveInBostonI130 3,328]

16 hours ago, carlos.arreola said:

I am sorry to bother you with this questions, but, F-2A should be applied separately? 

 

No.

 

Your father will need to file a I-130 for you.  A new one.  It will be category F1.

 

In it, your father should present the evidence of the old I-130 F2A petition, of which you were a derivative beneficiary.  He would ask USCIS to apply that I-130 PD for this new I-130 for you.  If they do, your PD would be 2005 or earlier (the date the old I-130 was approved).

 

At the same time, ask your sister to file an I-130 for you, category F4.  This is for backup, in case USCIS does not give you the old I-130 PD and your father passes away before your F1 immigration visa is obtained.

 

[jakelake 222]

If you are not yet married, then maybe meeting a US citizen and getting married could be the fastest route.

When I say marriage, I mean a legitimate one where both of you love each other and want to stay with each other. 

The time to meet someone, get to know the person, establish a relationship and then getting married should take less than 5 years. That's definitely less than the potential 10-25 years it could take if your father or sibling files for you.

 

 

 

[SteveInBostonI130 3,328]

Advice to find someone to marry when the main discussion is about immigration is subject to issues.

 

I found relationships difficult enough to find the "one" without factoring in "will she petition me for an immigration visa" into consideration.