Retention of Priority Dates

[KIMMMMMM 0]

So my parents (permanent residents) are planning on filing a petition for my sister (unmarried over the age of 21) which would fall under F2B. The case is this, my parents were petitioned by my Dad's brother way back in 1985. On that petition, my sister was also listed as a derivative beneficiary. Unfortunately, she aged-out by the time my parents were granted their US Visa back in 2008.

Now i've been doing a few research and i've seen articles about Priority Date retention on cases like this...

http://www.kenreyeslaw.com/blog/2014/october/retention-of-priority-dates-for-certain-aged-out/

http://www.uscis.gov/sites/default/files/files/nativedocuments/PM-602-0094_Family-Based_Priority_Date_Retention_Final_Memo.pdf

Is this really the case? Once we file for my sister's petition, can we really request for a Priority Date retention since she was a derivative beneficiary on a prior petition? I'm hoping someone else out there has had experience with this type of case...

Thanks so much!

[NigeriaorBust 4,087]

Didn't happen It was bantered about as a change that never took off.

[aaron2020 11,651]

Your links are out of date. The US Supreme Court made its final ruling on the De Osario case in 2014. http://www.ilrc.org/node/10085

Your sister can not retain her parent's PD.

Sorry.

[KIMMMMMM 0]

Your links are out of date. The US Supreme Court made its final ruling on the De Osario case in 2014. http://www.ilrc.org/node/10085

Your sister can not retain her parent's PD.

Sorry.

That's too bad. But thank you so much for the info.