Immigration Lawyer Ari Sauer – The Immigration Answer Man

Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.

If my mother files an immigrant petition for me, can I keep the priority date from the petition my sister filed for me?

QUESTION: My sister filed an I-130 for me in 2001. My mother just got her green card. If my mother files an I-130 for me, do I keep my 2001 priority date for my mother’s I-130?

THE IMMIGRATION ANSWER MAN – ARI SAUER: No. Your mother can file a new I-130 immigrant petition for you

Mother and Daughter. Attributed to the US CDC.

Mother and Daughter. Attributed to the US CDC.

(assuming you are not married), but the new I-130 will not have the priority date from your sister’s petition. The priority date for your mother’s I-130 will be the date that her I-130 is filed.

However, where the same petitioner files a new I-130 for the same beneficiary, and the old I-130 is still approved, then you can recapture the priority date from the old I-130. This rule does not apply here since the two I-130s are being filed by different petitioners.

Also, the priority date from an approved I-140 employment-based petition can often be recaptured for future I-140 petitions.

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By Ari Sauer

Submit questions to The Immigration Answer Man by emailing your question to immigrationanswerman@gmail.com or by posting your question on FacebookTwitter or LinkedIn. Questions submitted by email will be posted without the personal information unless specifically requested. Where appropriate, and only upon request, a link to your website or blog can be included on The Immigration Answer Man blog. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation.

* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

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5 comments on “If my mother files an immigrant petition for me, can I keep the priority date from the petition my sister filed for me?

  1. Bahareh
    May 5, 2013

    Hi, my brother has an I130 pending case, he wants to come to the US with student visa..how can he get approved?

    • Bahareh:

      In theory someone with a pending or approved I-130 could get a student visa to study in the US. But in practice maybe not. The way the law is now, the applicant must show that their ties to their home country are stronger than their ties to the US so that they are not likely to stay in the US after they finish their program. USCIS must be convinced that they do not intend to apply for a green card in the US or to overstay their status. So the fact that they have a pending or approved I-130 petition, as well as they fact that they have US citizen or permanent resident relatives, can be held against them. But not all I-130s are equal. For example, the wait for a visa for an I-130 filed by a sibling is probably more than a year. So someone with an I-130 filed in one of the categories where there is a longer wait might be able to show that their ties to their home country are stronger than their ties to the US and that they are unlikely to apply for a green card here in the US.

      There are a bunch of factors that would go into that decision for the consular officer and the consulates in some countries are more willing to entertain issuing a student visa in that type of situation than consulates in other countries.

      Some potential good news is that the current version of the Senate immigration bill would remove this requirement from the student visa and would allow someone to obtain a student visa even if the consular office thought they might stay here and apply for a green card and use their US education for the betterment of the US. But we are just in the initial stages of that process. So we still don’t know if an immigration law will be passed by Congress this year and, if so, whether it will contain this change. I recommend that you contact all your US citizen friends and have them call their Senators and Congressmen and ask them to support the immigration reform bill.

      You can call me at 901-507-4270 to schedule a consultation appointment if you would like to discuss this further or if you would like assistance with your brother’s visa application.

      Ari Sauer

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  2. Akindele moriamo
    December 29, 2012

    if my mom file immigration for me with my kids name and when the it comes out it include my kids name as well, but i process mine alone because of expense what will be my kids case now? (NOTE: am single and i have collect my green card?

    • I am sorry, but I am not entirely understanding your question. Some visa categories allow the beneficiary to obtain a green card for their minor unmarried children along with them. Some do not. If you would like to schedule a consultation appointment with me to discuss whether your child can obtain a green card in your particular situation, you can schedule an appointment by calling 901-682-6455. A standard consultation fee would apply.

  3. Pingback: What is my country of chargeability for the Visa Bulletin? « Immigration Lawyer Ari Sauer – The Immigration Answer Man

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Ari Sauer

Ari Sauer is an immigration law attorney with the Memphis office of the Siskind Susser law firm. Ari answers questions on US immigration law submitted by readers. Email Ari Sauer to submit a question. immigrationanswerman@gmail.com

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