QUESTION
Immigration Visa Enquiry to retain the previous priority date
Asked on Feb 15th, 2016 on Immigration - New Jersey
More details to this question:
My mother who is a citizen applied for my immigration visa in 2004 and it got terminated in 2013 due to non-submission of DS-230 form.I explained NVC that my situation was beyond my control. However NVC did not reconsider and asked me to go back to USCIS and reapply.In 2014 my mother again applied and reason from USCIS. If a prior I-130 was filed by the same petitioner, for the same beneficiary, then the earlier priority date may be granted if: · The subsequent petition is for the same preference classification,* · The earlier I-130 was not terminated pursuant to 203(g),** · The earlier I-130 was not revoked pursuant to 8 CFR 205,*** and · A visa has not been issued to the beneficiary based on the I-130 approval. Your prior petition was for an "Unmarried son or daughter over 21" and your current petition is for a "Married son or daughter over 21". The preference classification has changed,therefore, you are not eligible to retain the earlier priority date.
1 ANSWER
Unfortunately, you do not appear to be eligible to recapture the old priority date, because you fall into a different preference category. Had you not been married at the time your mother filed the second Form I-130, you would likely be able to recapture the priority date. Were you married at the time the visa became available? Did you notify USCIS or the NVC? If so, you could possibly argue you were in the same preference category. You can read more about priority date recapture at http://myattorneyusa.com/recapturing-priority-dates-for-family-sponsored-immigrant-visa-applications.
Answered on Feb 17th, 2016 at 3:38 PM