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goodbody

Father surrendered green card after filing I-130 for brother which got approved. What to do next!

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Hi

I am an USA Citizen. I have a immigration related question for my brother who is an Indian Citizen. In year 2002, We all immigrated to USA on behalf of a family based petition filed by my paternal uncle. (Myself, my parents and my younger sister). My brother was ineligible to immigrate as he was older than 21 years of age. My father filed I-130 for him immediately after arriving in USA in 2002. I-130 Petition was approved on Oct/5/2009 by USCIS and his application was forwarded to National Visa Center for further processing. In the meantime, my parents surrendered their Permanent Resident cards in December/2006 and are no longer permanent residents of USA. I just became USA Citizen in June/2011 and have received my Naturalization Certificate and passport. My question is that Can I carry forward that petition filed by father for my brother for immigration since I am a USA Citizen or not. I also received two notifications from National Visa Center, most recent one giving us a time period of one year to act on his application, otherwise it will be cancelled. I would really appreciate your help in regards with this.

Thanks

Shaveta

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please consult a lawyer.

once your father was no longer a US permanent resident, the I-130 petition filed for your brother becomes invalidated.

you can file a new petition but unfortunately you would not be able to port the year 2002 date.

it is best to discuss with an immigration lawyer like murthy with your case details.

Originally posted by goodbody:

Hi

I am an USA Citizen. I have a immigration related question for my brother who is an Indian Citizen. In year 2002, We all immigrated to USA on behalf of a family based petition filed by my paternal uncle. (Myself, my parents and my younger sister). My brother was ineligible to immigrate as he was older than 21 years of age. My father filed I-130 for him immediately after arriving in USA in 2002. I-130 Petition was approved on Oct/5/2009 by USCIS and his application was forwarded to National Visa Center for further processing. In the meantime, my parents surrendered their Permanent Resident cards in December/2006 and are no longer permanent residents of USA. I just became USA Citizen in June/2011 and have received my Naturalization Certificate and passport. My question is that Can I carry forward that petition filed by father for my brother for immigration since I am a USA Citizen or not. I also received two notifications from National Visa Center, most recent one giving us a time period of one year to act on his application, otherwise it will be cancelled. I would really appreciate your help in regards with this.

Thanks

Shaveta

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