QUESTION
Can my mother file an i-130 visa petition for me?
Asked on Nov 09th, 2011 on Immigration - Arizona
More details to this question:
My mother filed I-30 on my behalf in 1986 together with my 3 brothers. My brothers are now US citizens. When my Mother filed I30, my brothers resided in the Philippines while I was an F1 student in Hawaii. My petition was approved because my mother received an approval notice but I have not received the paper works until now. I don't know what to do. Can my mother file another petition for me (I-30)?
7 ANSWERS
IF the petition approval is still valid and viable (you would need to check with USCIS), you can simply proceed on the basis of that approval, provided you still qualify for adjustment of status within the US. If it is not longer valid, she would have to repetition for you from the beginning but the wait time will be very long again. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Dec 06th, 2011 at 4:16 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Yes she can file another one but the important thing will be to be able to recapture the Priority Date. What do you have a copy of from the original filing? Receipt? Approval? Need to find out status of the first one if possible before re-filing.
Answered on Dec 05th, 2011 at 8:23 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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You may be able to use the previous approval.
Answered on Dec 03rd, 2011 at 1:30 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If your mother's I-130 has been approved, the first you want to do is to file I-485 if you are in the US. If not you need to contact the national Visa Center to start the visa processing. If your mother files a new I-130, it will take many years for the quota to become current.
Answered on Dec 03rd, 2011 at 1:14 AM
Generally, an approved I-130 application, establishing the parent/child relationship, is conclusive and there is no need to file another I-130 application. It is the I-485 application for adjustment of status (or, in the case of your siblings overseas, the consular processing application), that can result in approval for Lawful Permanent Resident status - sometimes called "getting a Green Card." Becoming a Lawful Permanent Resident is a prerequisite for an adult child to later become eligible to petition to become a naturalized citizen. It would be wise for you to engage an immigration attorney to assess your situation more thoroughly and to advise you about eligibilities, alternatives, strategies, etc. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Dec 02nd, 2011 at 11:45 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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Yes, speak to an immigration attorney about refiling. The other critical question is how old are you? If you are over 21 it may take a longer time until you receive a green card.
Answered on Dec 02nd, 2011 at 10:04 AM
2 Awards
You should be applying for adjustment of status based on the approved I-130 assuming the visa is current for you. An Immigration lawyer in your area will be able to sit down with you and get it done.
Answered on Dec 02nd, 2011 at 10:01 AM