Other Immigration Law filing a f3 petition

[trupti]

my father who is u.s. citizen wants to file a petition for me ( f3 category ), but my sister already has filed a petition for me ( f4 category ),
so now whats is the procedure that my father has to undergo to file a petition for me that has the same priority date that of f4 previously filed ?
pls. answer my question,
thanks,
regards

 

[Michael Wechsler]

So now I understand your question which you asked before. You're asking whether you can file for an F3 but use the filing date of an F4 filed by another person. I doubt this is possible. This is because your basis for filing for an F3 was not able to be made using the prior date of the F4, which is not even the same application. Your father couldn't file the F3 at the date of the F4 filing. It makes little sense to allow you to do so. However, you are able to use whichever is more beneficial to you. This is probably addressed with an immigration attorney. I have some experience but have not seen nor heard of an exception like. So I can't tell you for sure that this legal fiction in immigration law doesn't exist, as unlikely as it seems.