Q: Can my son get his old priority date ( F1 of a US citizen mom) after getting married and now he’s divorced?
Mother was a Permanent resident and applied for unmarried son over 21 in 2013. The son got married in 2014. Then mother added his sons wife in the process in 2017. The son got a divorce in 2018. The mother became a citizen in 2016. So my question is can the son get his old priority date back from the 2013 case when he was single since he is divorced now? Or he just has to wait for the 2017 case priority date?
A: When your son married, the petition that you filed on his behalf was terminated. The only way to get it reinstated is to get it annulled and try to show that the marriage was not valid in the first place. Divorce in itself is not sufficient. Otherwise you will need to file a new petition for him.
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