Permanent Resident parents applied for their unmarried son who got married. Case is valid or not?

[prernagoyal]

Hi All,

 

Thanks in advance for your responses.

 

My mother GC holder applied for my brother when he was unmarried (above 21) in 2009. While waiting for his priority date to become current he got married and have a child now. As the status changes from unmarried to married is this case is still valid? My mother is still Permanent resident. His priority date will become current in approx 3 yrs.

[t75]

His petition is no longer valid. Forget the priority date; it is gone since a LPR cannot petition a married child.  She can refile only when she becomes a citizen.