Sample Letter Requesting to Recapture Priority Date

Rahul Ram Gupta
123 Park Avenue, Apt 45,
Edison, NJ 08837

Phone: (732) 391-9293

November 18, 2005

U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden St.
Saint Albans, VT 05479

[Replace this address with I-130 service center that issued receipt]

Re: I-130 Visa Petition with Priority Date Recapture Request

Dear Sir/Madam:

I, Rahul Ram Gupta, am enclosing an I-130 petition for my son Jay Gupta with supporting documents, including:
  1. Copy of my son's birth certificate

  2. Copy of his mother's and my marriage certificate

  3. Copy of my naturalization certificate

  4. Filing fee of $190 by check

My son was formerly a derivative beneficiary on an approved visa petition that I filed for his mother in 2003, with a priority date June 6, 2003. I recently became a U.S. citizen, and therefore my son lost his derivative status. Therefore, I am requesting a recapture of an earlier priority date for this application. Please grant my son the earlier, June 6, 2003 priority date on the approval of this I-130 petition.

In support of this request, I am enclosing the following:
  1. Copy of original I-130, showing my son's name

  2. Copy of USCIS notice approving this I-130, with June 6, 2003, priority date.

Thank you for your attention to this matter.

Very Truly Yours,

Rahul Ram Gupta

Rahul Ram Gupta