What will be the right priority date for my husband's visa petition? 3 Answers as of June 06, 2011

My husband and I are both from the Philippines. My husband was first petitioned by his mom, year 2000, as a son of a permanent resident, when his mom was a green card holder and he was single. Then his mom became a U.S. citizen, year 2002. In the year 2003, we got married. His mom repititioned him as a married son of a US citizen and got the approval, year 2004. What would be the right priority date for this visa? We both live in the US. I overstayed my visa. Can I get a visa if he gets his? He came to the US in 1998. I came August 2011. We really need your help and advice. Thank you very much!

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Fong & Associates
Fong & Associates | William D. Fong
The first priority date is applicable, and there is no need to re-file. But factually please note that he has moved to a different preference classification. He was initially an FB-2B (probably), then when his mother naturalized he was an FB-1, then when you married, he became and FB-3. That is the priority date you need to check. You may be able to get your permanent residence with him, but it is unlikely, depending on whether or not you are grandfathered for section 245(i). You can call me for details. Thank you.
Answer Applies to: Texas
Replied: 6/6/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If his mother filed for him in 2000 and he did not marry until after she was a USC, then his PD is the first filing date. Once he is a green card holder, he can sponsor you for a green card however that will take many years. It is not August 2011 yet so not sure what you mean there. But if your husband has been in the US illegally that whole time, then this can be a serious issue for him. I recommend that he has a full consult now with a competent immigration attorney to determine if he is actually eligible to file for a green card, where and if he is subject to a 3/10 year bar.
Answer Applies to: California
Replied: 6/6/2011
Kuck Immigration Partners LLC
Kuck Immigration Partners LLC | Charles Kuck
Your priority date is your husband's FIRST petition from his mother. That simple. There was NO need to file a new petition once she became a citizen. A simple letter to USCIS would have sufficed and served the same purpose. Let me know if we can be of assistance.
Answer Applies to: Georgia
Replied: 6/3/2011
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