AOS from Approved I-130 from 1979

[bacardi1950 0]

My friend has an approved I-130 from 1979 and is currently in the USA; he want to adjust his status for a green card. Heres The story: The petition was sent to Libya in 1979 and was not received by the beneficiary because the US Embassy in Libya was burned down. My friend entered the US the same year as a visitor and went to the US Consulate to see what could be done of his case. They quickly told him that he was misrepresenting himself and told him that he would not be able to adjust status.

30 Years later...

My friend was able to enter the US recently under an L1 and wants to use that I-130 approved petition in compliance with is sponsor to adjust status. Is this possible? Would the past misrepresentation case be brought up again? The sponsor is his brother.

Any advice/tips would be appreciated.

[aleful 1,905]

he can't adjust status because after a year of not sending any forms or processing the case is considered abandoned and they close the case.

why didn't the brother refile in all these 30 years, or call the nvc after the embassy was burnt to ask where the paperwork should go and resend all the paperwork?

why did his brother do nothing in 30 years?

[Elghazi2008 4]

he can't adjust status because after a year of not sending any forms or processing the case is considered abandoned and they close the case.

why didn't the brother refile in all these 30 years, or call the nvc after the embassy was burnt to ask where the paperwork should go and resend all the paperwork?

why did his brother do nothing in 30 years?

I also believe the answer to that original question is 'no'. As far as I know, a case is considered abandoned when the file has been inactive (i.e. no information/inquiries submitted, etc.) for a consecutive year... If he wants to file a new case, he's welcome to, but they aren't going to care whether he got an approval 30 years ago or not...

[Elghazi2008 4]

My friend has an approved I-130 from 1979 and is currently in the USA; he want to adjust his status for a green card. Heres The story: The petition was sent to Libya in 1979 and was not received by the beneficiary because the US Embassy in Libya was burned down. My friend entered the US the same year as a visitor and went to the US Consulate to see what could be done of his case. They quickly told him that he was misrepresenting himself and told him that he would not be able to adjust status.

30 Years later...

My friend was able to enter the US recently under an L1 and wants to use that I-130 approved petition in compliance with is sponsor to adjust status. Is this possible? Would the past misrepresentation case be brought up again? The sponsor is his brother.

Any advice/tips would be appreciated.

As far as previous cases go, I believe the general rule is that each case is SUPPOSED to get a fresh start, so it should not affect the outcome of a more recent case file should he file a new one...