Fathers family based petition was recently allowed. Elder son has aged out. Should we file a petition 130 for the elder son claiming earlier priority date? Should we wait for SC decision to hear the case? If SC denies the petition can we file 485 concurrently with 130?
Only you can make that decision. Nothing in de Osorio prevents you from filing an I-130 for an aged out child.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.