Which priority date is used if a USC applies for a married brother and then, years later, his USC mother applies for him?

Answer

Priority dates do not generally get retained or transferred in family-based cases. Thus, the FB4 case for the brother would have a priority date based upon when it was filed. The FB3 case through the mother would have a separate, later priority date based upon when that case was filed. (12.Jan.2015)

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