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Is it too late to file for Waiver if I-130 denied 4 yrs. ago?

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  • Is it too late to file for Waiver if I-130 denied 4 yrs. ago?

    I-130 denied in 1999 on grounds of illicit drug in blood/urine during medical exam at Juarez. Is it too late to file for waiver? Should this have been done long ago? He has a priority date of April 1998 F1, but processing only 1994 now. How long will this take?

  • #2
    I-130 denied in 1999 on grounds of illicit drug in blood/urine during medical exam at Juarez. Is it too late to file for waiver? Should this have been done long ago? He has a priority date of April 1998 F1, but processing only 1994 now. How long will this take?

    Comment


    • #3
      The waiver and the I-130 are separate things. You can have a waiver approved, but still not have the I-130 approved. The I-130 will still need approval.

      Therefore, the question should be if the I-130 has been denied previously is there any chance of it being approved upon resubmittal????

      And this I am afraid I cannot answer.

      Best of luck to you!

      Comment


      • #4
        We really need to know the basis for the denial of the first I-130. Also, we need to know what it is you are trying to get waived.

        Comment


        • #5
          In 1998, a family member who is a naturalized U.S. citizen petitioned for his family (wife, 6 minor sons, 1 single adult son, and 1 married adult daughter). In 1999, all the family, except adult son and daughter, were given permanent residency status. Interviews took place in Juarez, Mexico. However, though the adult son presente for the interview, traces of marijuana were detected during is medical exam and his residency was not granted. He was told he would have to wait a couple of years. It's ben over four years. Whenever I inquire forhim I am just told that they are only processing 1994 cases and he has a priority date of April 1998 with visa classification F1. Is there anythin that can be done to expedite this? What about a pardon or waiver of some sort? Is it too late?

          Comment


          • #6
            Somebody correct me if I'm wrong but you can't use the priority date of the denied I-130. Wouldn't you have to re-submit it and if it's approved that date will become a new priority date? Or may be there's a way the old one can be re-opened and re-adjudicated again?

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