My mother now applied for my brother. But now he is over 21.What can we do with dad's petition?What are the chances we can get old priority date?
I recommend that you have a consultation with an immigration attorney. In order to determine if you or your brother can recapture the priority date from your father's petition, an immigration attorney will need more facts and will need to review documents related to the petition. The law sets out certain requirements to recapture priority dates if a petitioner is deceased.
Petitions that are approved after the death of the petitioner are still valid. In the past, the petition died with the petitioner, but no longer. We can thank President Obama for that very generous change in the law. Whether your bro can still take advantage of that visa is unsure. Hopefully, the petition was approved less than two years ago. That is a key time frame. Plus, in order to still qualify as under 21 for immigration purposes he must show that he has done something to take a step towards getting the visa. You definitely need an attorney here.
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