Question for a Friend...

[Auntlily]

Hi all, I promised a friend of a lady I know that I would find some info for her. I had directed her to the site, but I'm still gonna help get her info. This is that I am not sure what her case would be like. Here is the info:

She is trying to sponser her brother to become an LPR. He already had a petition filed for him by his dad in 1994, but the father passed away in 1999. Currently he has a B1/B2 visa which allows him to travel back and forth into the US. She said that they had already received paperwork from the Mesquite office, but she said somewhere down the road she lost all of the paperwork.

Question 1. Is the original petition still valid even if the petitioner is deceased?

#2. Can she sponser him and how long will it take for him to get a preference?

#3. If the original petition is still valid how can she get all the paperwork again? Who or where does she contact/write/call??

Thanks guys, I hope that I make sense, since this is the info that I got. I really hope someone comes along and gives me the info I can pass along.

Lily:wink:

[Auntlily]

Bump

[ojos_de_alicia]

answer to #1.. NO .. my sisters husbands mother was petitioning for his brother ( her son) and she died.. they said no

he then tried.. but they said he had to be a citizen... so.. i dont know if your friend is one or not.. but she would need to be.

3rd.. question... i dunno.. lol

[Auntlily]

Thanks Alicia!! I just now read your response. I was out for almost an hour moving to my new area.

:( I'm sad that I no longer have an office. But on the bright side I was told that I would be getting a 5% salary raise in a month and then in September I'm getting another 3% raise. Which is pretty cool. It's not too much, but anything extra helps especially with all these rising gas prices.


Thanks for the info!! I kinda knew the answer but I wasn't 100% sure. I'll pass along the info. :wave:

[matt74]

Hi all, I promised a friend of a lady I know that I would find some info for her. I had directed her to the site, but I'm still gonna help get her info. This is that I am not sure what her case would be like. Here is the info:

She is trying to sponser her brother to become an LPR. He already had a petition filed for him by his dad in 1994, but the father passed away in 1999. Currently he has a B1/B2 visa which allows him to travel back and forth into the US. She said that they had already received paperwork from the Mesquite office, but she said somewhere down the road she lost all of the paperwork.

Question 1. Is the original petition still valid even if the petitioner is deceased?

#2. Can she sponser him and how long will it take for him to get a preference?

#3. If the original petition is still valid how can she get all the paperwork again? Who or where does she contact/write/call??

Thanks guys, I hope that I make sense, since this is the info that I got. I really hope someone comes along and gives me the info I can pass along.

Lily:wink:

Question 1: It may be possible to revive the petition through humanitarian reinstatement, which is a discretionary decision by a USCIS director. Possible, but difficult.

Question 2: US citizens can sponsor their siblings. You didn't state whether she was an LPR or USC. For Mexican, they are working on petitions from 1994 for that category so you do the math.

Question 3: You have to do a FOIA request, preferably a single track FOIA. Only problem is that with an I-130, they generally will only give a copy of the petition to the petitioner. Might have to do some extra leg work and show the petitioner is deceased.

The brother should investigate nonimmigrant options like the TN, which isn't that hard to get or something like an investor visa if he has money to start his own business in the US. There are more ways to come to the US than just a green card.