U.S. Supreme court rules against retention of priority date

Well, a little bad news.   The US Supreme Court decided that derivative beneficiaries of family based petitions will age out if they turn 21 and will not be able to keep the original priority date of the original petition.   This will mean that families will be divided if the processing time takes too long and the children turn 21.  Keep in mind, however, that this does not affect children who are “principal beneficiaries” — for example, a child petitioned by his U.S. citizen parents will keep the original priority date regardless if he or she turns 21.   This can be a confusing piece of law and statutory interpretation, as is evident by the 5-4 decision.