Policy Memo on Handling Certain Family-Based Automatic Conversion and Priority Date Retention Requests Pending a Supreme Court Ruling

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This policy memorandum (PM) provides guidance for properly assigning priority dates in those instances where a petitioner requests that the priority date from a separate, previously filed petition, be applied to a later filed family-based second-preference “B” petition (F2B) or seeks adjustment of status in the F2B category, based upon an originally-filed family-based second-preference “A” petition (F2A) pursuant to Public Law 107-208, the Child Status Protection Act (CSPA). This guidance is limited in scope to individuals who were beneficiaries or derivative beneficiaries of an F2A petition if either new F2B petitions are filed on their behalf by the same petitioner or they are seeking to adjust status in the F2B category pursuant to the CSPA based upon previously qualifying as derivative beneficiaries of an F2A petition.

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