What factor determines the Priority date ?

[kashif007]

My Mother is a Canadian citizen and my Mothers younger brother (My uncle) is a US Citizen. My Mother is a Canadian Citizen but was born in India and has a Indian Birth certificate. She has surrendered her Indian passport to the Canadian government.

Question:
If my uncle sponsers a "family based green card" for my mother will the priority date be based of the Indian birth certificate or the Canadian citizenship ?

[svaradara]

My Mother is a Canadian citizen and my Mothers younger brother (My uncle) is a US Citizen. My Mother is a Canadian Citizen but was born in India and has a Indian Birth certificate. She has surrendered her Indian passport to the Canadian government.

Question:
If my uncle sponsers a "family based green card" for my mother will the priority date be based of the Indian birth certificate or the Canadian citizenship ?

In her case, the Indian birth-certificate. Citizenship plays absolutely no part in that determination (unless it just happens to be the same as that of birth), as I found in 1997 when I received notice of I-140 approval (at EB-3--due to my lawyer's misfiling in that category instead of EB-2).

BTW, sibling-of-USC sponsorship is really slow, so you might want to consider alternatives to it.