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