QUESTION
Can I acquire any type of citizenship or permanent residency from my deceased US citizen father?
Asked on Sep 02nd, 2022 on Immigration - Georgia
More details to this question:
Hello, I was born in 1977 and my father was born in the 1950s. He acquired his green card when he retired from working for the us government in the panama canal for 20+ years. We then moved to the us in 2007 and he filed a form I-130 and form I-485 petitioning for me, his married daughter over 21 years old, this was obviously denied because when he first filed he was a permanent resident at the time and our lawyer was an inexperienced scam artist who knew that I didn't meet the requirements but still decided to submit the application and take thousands of dollars. My father became a naturalized US citizen in 2016 but I never submitted another application because I was waiting to hear back on the first one. However, my father ended up passing away in 2021 and only a few months after did I finally get a response that my application was denied. Since my father passed I am not sure if I am able to re submit another application although I do have an approved form I-130. What can be done?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Your fact situation is confusing to me as you say that the application was denied, that you did not file another application, but that you do have an approved form I-130. The confusion lies in your stating that your father filed for you, a married person, when he only had the green card – and that would be a filing that does not conform with the law of eligibility. Nevertheless, assuming that an I-130 petition was approved at some point for you prior to the time of your father’s passing away, and you were in the US at the time, that petition might be a basis for a permanent residence application. As the facts are unclear, I suggest that you should consult with an immigration lawyer to go over your entire situation and for him or her to explore with you any steps that might be able to be taken. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 15th, 2022 at 2:58 PM