Can immigration maintain an old priority date for the cases i will file for my son and daughter?

I came to united states in visitors visa in 2003; i was the beneficiary of a petition file for my us citizen mother in 2002; included were my former husband and my son and daughter(now 19, and 25). while here i divorced and marry a us citizen at end of 2008. I just got my conditional residence and plan to petition for my son and daughter. Can i ask the immigration service to maintain the old priority date of the case filed for my mother on my behalf in which my children were included? - Is this your question? Add additional information
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Answers (1)

Kevin Lawrence Dixler

Kevin Lawrence Dixler Avvo Pro

Contributor Level 7
The general answer is no. Their status as a derivative ends when you can no longer immigrate through that petition. Your marriage creates an impediment. There 'may have been' other visa options for your 19 year old. This, where an experienced immigration and visa attorney handled this matter before your marriage. However, the facts are unclear, so there may have been complications.

Although the petition, of concern, 'may conceivably help' your children for other foreseeable purposes, it cannot help them now. You should hold on to the I-797 approval form, among other documentation. When the visa is current, the NVC will notify you or your mother (where you update your address). The children should look to other possible visa options.

I strongly recommend that you contact a candid and experienced immigration attorney like our office.

The above is general information not meant to be legal advice. This response does not create an attorney-client relationship.
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