Immigration Issues/My father
QUESTION: I'm a born U.S. citizen. My father came to the U.S. in 1979 illegally. Is it possible for me to petion him to make him a resident of the U.S(obtain Green Card)? What are the procedures if any?
ANSWER: If he entered illegally and never got petitioned for beofre 4/30/01, he is not eligible to get his interview here.
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QUESTION: MY MOTHER PASSED AWAY 10 YEARS AGO. BUT MY FATHER STATED THAT SHE HAD PETITIONED HIM IN 1984 BUT THEY NEVER HEARD FROM INS. CAN WE GET A STATUS ON THAT PETITIONED OR IS IT TOO LATE? IF SO HOW CAN I PROCEED WITH THAT?
Go to www.uscis.gov website and download a G-639. File the Freedom of Information Act request to get a copy of his file. If the petition was not approved before your mother died you can not revive that case but you can use it for your father to be allowed to get his interview in the United States based on a new petition from you. If the petition was approved beofre she died you can ask Immigration to revalidate that case, though it may be simpler to just for for him and use the receipt as proof of a qualifying case to allow him to get a green card here.