The Supreme Court has agreed to hear the case of Mayorkas v. Cuellar de Osorio. The issue in the case is whether a son or daughter who was the derivative beneficiary of a family-sponsored immigrant petition but “aged out” (didn’t qualify because he or she turned age 21) may apply the old petition’s priority date to a new petition. For background, including an explanation of who is covered, see here.
The U.S. Court of Appeals for the Ninth Circuit had ruled in Osorio v. Mayorkas that the old family-sponsored priority date may be applied to a new petition.
However, the U.S. Department of Justice filed a Petition for a Writ of Certiorari with the Supreme Court. On June 24, 2013, the Supreme Court granted that petition. The case has been scheduled for oral argument on December 10, 2013. A decision is expected from the Court by June or July 2014 when the Court’s term ends.
Pending the Supreme Court’s decision, the Ninth Circuit’s decision is stayed.
If you are covered by De Osorio, you should seek advice from an immigration lawyer now.
If you haven’t done so yet, it may be wise for a sponsor (such as a permanent resident parent) to file a new Form I-130, Petition for Alien Relative, on your behalf.
For most people, with the possible exception of persons in removal or deportation proceedings, it probably doesn’t make sense to file a Form I-485, Application to Adjust Status, or an immigrant visa application before the Supreme Court decides the case.