Asked in Immigration Law

Q: Is there any chance of getting the earlier priority date ?

My father used to filed a F2A case for me. The case's priority date was October 6, 2003 and got approved on August 29, 2005 but we didn't proceed because my father didn't follow the case. Then he filed a new case for me with F2B category on August 22, 2019 - priority date. So is there any chance I can get the earlier priority date or just earlier than 2019 ?

Thank you for your kindly help.

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1 Lawyer Answer

A: Federal regulations at 8 CFR 204.2(i) provide for automatic conversion from one family-sponsored, preference category to another, and allow for recapturing and retention of the old priority date in some situations. More information is needed to know whether you qualify. I suggest you consult with an experienced immigration attorney. There may be a minimal fee required for a one time consultation as opposed to an initial consultation. However, a minimal fee may be well worth the information received as it may save you years of waiting.

Agnes Jury agrees with this answer

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