> Thanks sir, I really appreciate your response.
>
> Ques :- one my brother got married first I-130 became invalid ? but as
> soon as he got divorce, it does become valid since he is not married
> anymore ?
>
> Ques : Why USCIS approved his peition ? because we sent everything
> divorce certificate with I-130 ?
>
> "You imply that your father filed a second I-130 after your brother
> divorced and but before dad's naturalization."
>
> My father didn't filed second I-130, he converted first I-130 file
> which he filed based on Greencard.
>
> He is being waiting for last 15 years, prior to this petition he was
> age-out, second time because of lack of immigration knowledge we
> screwed up. Now I don't know what to do ?
> we are very confused...I tried to talk to diff. lawyer but nobody has
> any direction.
>
> Please, let me know any good lawyer who can help us ?
>
> Please, response me if you have any suggestion................
>
> Thanks again for your time & consideration..
>
>
>
> Your timeline appears a little incomplete. However, you do mention
> that
> > your father filed an I-130 for your brother which became invalid in
> > June
> > 2002. You imply that your father filed a second I-130 after your
> > brother divorced and but before dad's naturalization.
> > For the longest time, the "FB-1" cut-off date has been stuck at
> > 4-22-2001.
> > It looks like that your brother's case was somehow mistakenly
> > processed on the first I-130 rather than the second one. Notionally
> > speaking, one of the grounds for denial of an immigrant visa when
> > you
> > don't have a valid immigrant visa petition with a current date is
> > "no
> > labor certificate." I think I would have used 214(b) or 221(g) if I
> > was the ConOff.
> > It looks like your brother will have to wait until the priority date
> > of
> > your dad's second I-130 [filed after his divorce] comes current.
> > The FB-1 category is still chewing through the early 2001 filings.
> > No prediction on how long it will take for the second filing date to
> > come current.
> > --
>
>
> Folinskyinla wrote:
> > > Hi Everyone,
> > >
> > > Please, read following questions see If It rings a bell.
> > >
> > > a. I-130 petition (Father Son in India) interview got rejected
> > > because of 212(a)(5)(A).
> > > What is section 212(a)(5)(A) means ?
> > >
> > > b. Is it possible to waive section 212(a)(5)(A)? If it is, What is
> > > the
> > > process to waive 212(a)(5)(A) ?
> > >
> > > c. Can he reappear for visa interview? When ?
> > >
> > > d.Do we have to appeal this case in India or US?
> > >
> > >
> > > Here is some brief about my brother case.
> > > Dec-2000 Father came to US (family immigration) and my
> > > brother
> > > was
> > > over 21 age and unmarried.
> > > Jan-2001 Father got a greencard & filed for my brother based
> > > on
> > > greencard & he was unmarried.
> > > Jun-2002 My brother got married.
> > > Aug-2004 My brother got divorced.
> > > Mar-2006 My father became US citizen & convert greencard
> > > based
> > > petition
> > > of my brother to US citizen base.
> > > July-2006 Case got approved in USCIS.
> > > Nov-2006 My brother got medical examination & interview call.
> > >
> > > Please, any kind of help would be greatly appreciable.
> > >
> > > Me & my brother are waiting to hear back from you guys…..
> > >
> > > Thanks
> > Hi:
> > Your timeline appears a little incomplete. However, you do mention
> > that
> > your father filed an I-130 for your brother which became invalid in
> > June
> > 2002. You imply that your father filed a second I-130 after your
> > brother divorced and but before dad's naturalization.
> > For the longest time, the "FB-1" cut-off date has been stuck at
> > 4-22-2001.
> > It looks like that your brother's case was somehow mistakenly
> > processed on the first I-130 rather than the second one. Notionally
> > speaking, one of the grounds for denial of an immigrant visa when
> > you
> > don't have a valid immigrant visa petition with a current date is
> > "no
> > labor certificate." I think I would have used 214(b) or 221(g) if I
> > was the ConOff.
> > It looks like your brother will have to wait until the priority date
> > of
> > your dad's second I-130 [filed after his divorce] comes current.
> > The FB-1 category is still chewing through the early 2001 filings.
> > No prediction on how long it will take for the second filing date to
> > come current.
> > --
> > Certified Specialist
> > Immigration & Nat. Law
> > Cal. Bar Board of Legal Specialization
> > Posted via http://britishexpats.com
Hi:
Actually, your situation is a FAQ on some of the Immigration Bar
chatboards. The law DOES allow for conversion on a pending I-130 -- but
from one valid classification to another.
So, lets vary your facts a little -- The "FB-2B" I-130 is pending. Dad
naturalizes -- I-130 converted to FB-1. Son THEN marries -- I-130
converts to FB-3. Son then divorces -- I-130 converts back to FB-1.
Unfortunately -- in your brother's classfication -- The FB-2B I-130 was
pending. Son married -- the I-130 had no valid classification to
convert to -- so it figuratively died.
CIS approved the petition in error -- an approved petition does NOT
guarantee status -- if the Consulate discovers an erroneously approved
petition, no visa will be issued. Even if visa was issued, if the error
is discovered at the Port of Entry -- the applicant be refused
admission. If the error is discovered after admission, the alien is
subject to removal for being inadmissible at time of entry. [There is
case law on situations where beneficiary immigrates after petitioner is
deceased -- sometimes after visa issuance but before entry -- the only
waiver of that is if the immigrant did not know and couldn't have known
-- e.g. the petitioner was killed in an auto accident on the way to the
airport.].
--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
Posted via http://britishexpats.com |