You are here:

Immigration Issues/Family based Immigration

Advertisement


Question
Hi,
My father applied for my i130 9 years ago which has become current now, he went back to India and could not come back due to some family issues in the stipulated time, recently he went to get a SB1 returning resident permit, which was denied (no reason for denial was given). My Mother who immigrated with my father, and elder brother also became US Citizens recently.
Is it possible to somehow use the i130 petition filed by my father (cause i think he cannot sponsor me since his green card recently expired.)

what are my possible options here ?
Can i get that i130 transferred from my father to mother.?

Any help in this regards will be highly appreciative.

Thanks in advance
Kay


Answer
Hi Kay,

Unfortunately, since your father is no longer a permanent resident, the I-130 approval is invalid. A new I-130 should be filed by your mother, and a new priority date will be established on the date of filing. The family categories are here listed here: http://h1b1.com/sponsor.htm

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.