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Aged out Child

Smyrna, GA |

Son has aged out in the immigration process. My priority date was July 07 - I have my green card. When I apply for a green card for my son as a family member -what will his priority date be? Will he retain the July 07 date or will it be the date he applies now?

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Best Answer

In all likelihood, your son will have the new priority date from your petition (the Supreme Court recently upheld the more restrictive holding on priority dates adopted by the government.

Your son may or may not be covered by the CSPA (Child Status Protection Act), or may have other options. Make an appointment for a detailed consultation with an experienced immigration attorney.

This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.


He will retain his priority date but will move to the category of adult children of permanent residents


The date USCIS receives the I-130.

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.


it will be the date of filing.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.