Retaining Original Priority Date under F2B

[AKGirl 0]

I've read so much on this but nothing really answers my question still?

So I am hoping someone here can help me.

Petition for my sister was F2B (unmarried over 21 of LPR). Her priority date is soon to be current and she has 6 kids as derivatives which 2 of them will be left behind due to ageing out about 5 years ago. Is it possible that when my sister becomes an LPR, that she can file an I-130 for her other 2 kids that got left behind with a request that USCIS retains the original priority date for her petition, which essentially would make that petition for her kids current?

Thanks~

[aaron2020 11,651]

I've read so much on this but nothing really answers my question still?

So I am hoping someone here can help me.

Petition for my sister was F2B (unmarried over 21 of LPR). Her priority date is soon to be current and she has 6 kids as derivatives which 2 of them will be left behind due to ageing out about 5 years ago. Is it possible that when my sister becomes an LPR, that she can file an I-130 for her other 2 kids that got left behind with a request that USCIS retains the original priority date for her petition, which essentially would make that petition for her kids current?

Thanks~

Under current US immigration procedures, USCIS does not allow aged out children who parents subsequently petition for them to retain the parents' priority dates. There are several lawsuits over this interpretation that are ongoing. Google "CSPA lawsuits litigations."