Announcement

Collapse
No announcement yet.

Re-Instatement of I-130

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Re-Instatement of I-130

    1. Sister filed I-130 for sister in 2006.
    2. Father immigrated and filed for same girl I-130 as Un-married daughter of LPR in 2007.
    3. Sister withdrew her I-130 for sister as father filed I-130 in 2007
    4. The Girl got married in 2009 and father’s I-130 automatically cancelled as he is still LPR.

    Question:
    Can sister who withdrew I-130 in 2007 can request to re-instate her I-130 so that
    Few years can be saved by getting priority date of 2006? If yes, how?

    Any expert advise will be appreciated.

  • #2
    1. Sister filed I-130 for sister in 2006.
    2. Father immigrated and filed for same girl I-130 as Un-married daughter of LPR in 2007.
    3. Sister withdrew her I-130 for sister as father filed I-130 in 2007
    4. The Girl got married in 2009 and father’s I-130 automatically cancelled as he is still LPR.

    Question:
    Can sister who withdrew I-130 in 2007 can request to re-instate her I-130 so that
    Few years can be saved by getting priority date of 2006? If yes, how?

    Any expert advise will be appreciated.

    Comment


    • #3
      Tak: First of all both should not withdrew the I-130 They should left over with the uscis.
      I think sister is a USC....?
      USCIS can not automatically cancelled LPR's
      I-130, Unless he said to them.
      Sister can not re-insyaye her Petition any more.
      I think this section of the law has not been changed so far...
      Check to see I-130 Instrucations.

      Comment


      • #4
        time out...FSN knows less than a cowpie about our immigration laws....

        Comment


        • #5
          Yes, sister is USC and she voluntarily withdrawn I-130 when father filed I-130 for unmarried daughter which I agree with you that should have not be withdrawn.

          I-130 filed by father is not yet cancelled but we know that it will not be used for issuance of IV.

          It is bad news that sister can not re-instate her I-130 which was withdrawn. They will have to start from scratch.

          Comment


          • #6
            Any other with experience of similar situation?

            Comment


            • #7
              I would just write a letter explaining the situation and request that the former I-130 be reinstated. Attach copies of both 1-130s and have the writ notarized.

              USCIS will respond and let you know if it is possible.
              “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

              Comment


              • #8
                Thank you. There is no harm is asking. You do not get if you do not ask. Regards.

                Comment


                • #9
                  You cannot reinstate an I130 that has been withdrawn. You now have to start all over.

                  Comment



                  Working...
                  X