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Immigration Issues/Recapturing Priority Date


Goodday! In 1990 my stepmother who was a Permanent Resident at the time filed a Relative Petition Application  I-130 on behalf of my dad, my sister and I were under sixteen years of age at that time of their marriage. In November 1994 my father aquired his Green Card at which time I was 19 years  and my sister was 17. We did not accompany our dad to the USA.

My Stepmother who is now a US Citizen recently filed a Relative Petition on my sisters behalf, my sister is now 28 years of age. Is it possible for her to recapture her priority date from the previously application filed on her dads behalf?

As for me I had gotten married and then got divorced, I am now thirty years of age. Can I too Recapture the priority date from the earlier application filed on my dad's behalf? And do we qulify under 245(i) for Adjustment of status in the USA?

Thank you very much for your help.

First the good news - you and your sister are 245i eligible. Your sister should be able to request a recapture of her priority date.

Now the bad news - your marriage killed the petition for you from 1990. I do not believe you can recapture the priority date.



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Robert Hollander<B> Esq.</B>



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