QUESTION
Can I use a twenty year old petition to migrate with my family?
Asked on Nov 10th, 2011 on Immigration - California
More details to this question:
My late grandfather, a US citizen, filed a petition for my whole family 20 years ago. My question is that while we were petitioned we migrated to Canada. My parents moved out from Canada to migrate to US and with my mom's nursing profession, she was given a green card together with my dad and minor brothers. I wasn't included due to over age. My grandfather petitioned my parents when I was a minor. I'm an adult now, married and a Canadian citizen. I wanted to migrate to the US. Can I use my grandfather's petition to migrate? It is a twenty years old petition. My grandfather is deceased. I'm 32 years old with a family.
7 ANSWERS
NO. It is no longer valid. The petitioner is deceased and you do not qualify anyway because of your age.
Answered on Nov 30th, 2011 at 4:28 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Your Mom would have to file for you but if you are in the U.S. and need 245(i) your grandfather's petition could help for that.
Answered on Nov 18th, 2011 at 12:34 AM
Assault Attorney serving Richardson, TX
2 Awards
You will have to start over. Since your grandfather was the sponsor, his death ends the sponsorship even if it was still pending before USCIS. It may be a benefit to do a FOIA request to see if there is anything still pending in your file.
Answered on Nov 14th, 2011 at 1:09 PM
When the petitioner died the petition was automatically revoked. There are provisions in the law for humanitarian reinstatement under certain conditions for overseas beneficiaries when the petitioner dies and there was also a 2009 law that provided some relief for beneficiaries living in the U.S. but you would not qualify under either one. Your mother could have petitioned for you when she got her green card if you were unmarried, or when she became a U.S. citizen if you were married. She can still do that but there will be a long wait for the visa.
Answered on Nov 11th, 2011 at 2:05 PM
Immigration Attorney serving Alexandria, VA
Partner at
Law Offices of Linda G. Dapaah, PC
Unfortunately, you most likely cannot. At the death of the petitioner, the petition automatically lapses. There is a procedure to have someone else act as the sponsor for a deceased petitioner, however, you most likely would have been included in your grandfather's petition as a dependent child under the age of 21 years of a parent. Since your status is clearly no longer the same, it is unlikely that you can proceed with that petition.
Answered on Nov 11th, 2011 at 9:07 AM
No, you cannot use that petition for multiple reasons.
Answered on Nov 10th, 2011 at 11:57 PM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
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If your grandfather received a greencard before 1977 there might be a chance under the Western Geographic Priority Dates.
Answered on Nov 10th, 2011 at 6:35 PM