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Results 1 to 9 of 9

Thread: Re-Instatement of I-130

  1. #1
    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 fatherís 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. #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 fatherís 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.

  3. #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.

  4. #4
    Someone12
    Guest
    time out...FSN knows less than a cowpie about our immigration laws....

  5. #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    Yes, sister is USC and she voluntarily withdrawn I-130 when father filed I-130 for unmarried daughter which I agree with you that should have not be withdrawn.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    It is bad news that sister can not re-instate her I-130 which was withdrawn.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.

  6. #6
    Any other with experience of similar situation?

  7. #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.
    ď...I may condemn what you say, but I will give my life for that you may say itĒ! - Voltaire

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

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    You cannot reinstate an I130 that has been withdrawn.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

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