For this reason, an individual who is the beneficiary of a pending petition filed by an LPR parent should consult with an experienced immigration attorney for a full case evaluation before entering into a marriage.Second, a petition may only be automatically converted if the converted petition could be filed by the same petitioner. This rule was established by the Board of Immigration Appeals (BIA) in the Matter of Wang, 25 I&N Dec. 28 (BIA 2009), and upheld by the Supreme Court in Scialabba v. Cuellar de Osorio, 134 S.Ct. 2191. For this reason, automatic conversion involving the fourth preference category, for the brother/sister (and their spouse or children) of a U.S. citizen is impossible.General Summation of the RuleIn general, the beneficiary of a petition filed by a U.S. citizen or LPR parent is eligible to “recapture a priority date” if both the petitioner and the beneficiary are the same.

§ 204.2(i)Matter of Wang, 25 I&N Dec. 28 (BIA 2009); (reasoning upheld by) Scialabba v. Cuellar de Osorio, No.12-930, 573 U.S. __, 2014 WL 2560467 INA § 201(f)(1); 8 C.F.R. § 204.2(i)(3)Resources and Materials:Kurzban, Ira J. Kurzban's Immigration Law Sourcebook: A Comprehensive Outline and Reference Tool.