Kartik Dhaduk
Jul 3, 2023
Retention of priority date from F3 file to F2B
Initially we had a F3 immigration file (Priority Date: Nov 2008) where my grandmother was petitioner and my mother was principle beneficiary and I was derivative child.
We had the interview in Feb 2023. While my mother and father’s visa were approved but mine was refused due to age out (over 21, even after adjusting under CSPA).
Now my mother has received green card and is LPR. Now we’re planning to file for an F2B, so by any chance while filing this new F2B file can we recapture the old priority date? As now the petitioner would be my mother and applicant would be me, and as I was not eligible on the previous case?
Kindly help with any resources or leads you might have, would really appreciate any help!
Thanks!
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Fusion GoldJul 3, 2023
only principal applicant recapture old PD when petitioner is same and in your case both are different so unfortunately you can't
Mounia OuachaJul 4, 2023
the only thing I could think of is appeal the decision by claiming that at the time of application you were under 21 years old. it's not fault that the case took this long to process.
Mohammed AhmedDec 23, 2023
@Mounia Ouacha correct
