Please advices - complicated situation

[Karen85 2]

Thank you do much Karen . I hope you and your family have a wonderful Christmas

Holidays are always the hardest, I am trying to bring a sister here and trying to keep a brother from being deported. But we must be thankful for our own children and spouses that are here to support us and help us through this journey.

[JimVaPhuong 4,863]

The consulate can't revoke the petition. Only USCIS can do that, but they won't have any choice in this case. Under 8 USC, section 205.1(a)(3)(J), if the petitioner loses their permanent resident status then the petition is automatically revoked. You'll have to start over with a new petition.

[lipslikesugar 0]

The consulate can't revoke the petition. Only USCIS can do that, but they won't have any choice in this case. Under 8 USC, section 205.1(a)(3)(J), if the petitioner loses their permanent resident status then the petition is automatically revoked. You'll have to start over with a new petition.

Ok. So, the consulate actually sent back the application to the USCIS basically asking then to revoke it (cancel) right?

I already started another petition for my mom so she can have her green card back and apply for his. How come we never heard back from the USCIS again regarding my brother's case??? is this typical? It has been about 6 months!!!

thank you

Edited December 9, 2011 by lipslikesugar

[Boiler 45,535]

Is it me or are the posts on VJ becoming weirder and weirder.

So your Mother abandoned your brother when he was about 14 and emigrated to the US.

He became sick so her conscience got the better of her she moved back abandoning her status.

Now you want to bring him, seriously ill to the US of all places.

If you have the money for the medical bills the legal cost for a lawyer will be small change.

How come your Mother can now move to the US leaving your brother, seriously ill, behind?

[JimVaPhuong 4,863]

Ok. So, the consulate actually sent back the application to the USCIS basically asking then to revoke it (cancel) right?

Yes.

I already started another petition for my mom so she can have her green card back and apply for his. How come we never heard back from the USCIS again regarding my brother's case??? is this typical? It has been about 6 months!!!

thank you

Who are they supposed to notify? Your mother (the petitioner) is no longer a permanent resident, and doesn't reside in the US. USCIS probably doesn't even know how to contact her.

Your mother could try calling the USCIS customer service line at 1-800-375-5283. There's no guarantee they'll tell her anything because she's no longer an LPR. The NCSC is also notorious for giving out incorrect information. The people who answer the phones aren't immigration officers. They're low paid customer service reps who know only how to navigate the customer service computer system.

If you know the case number then you could obtain a redacted version of the decision (with identifying information removed) by filing a Freedom Of Information Act request with USCIS. Your mother (or you, with your mother's written consent) could also file an FOIA request and get an uncensored version of the decision. Use form G-639 to file an FOIA request. There's no fee.

http://www.uscis.gov/g-639

An FOIA request can take months or even years, and you don't always get the information you requested. One problem might be the timeframe involved here. Six months may seem like a long time to you, but it's not a long time to USCIS. If the petition is still at the service center then an FOIA request might result in a "no record" response. You'd have to wait until the petition made it's way to the USCIS National Records Center in Missouri. This doesn't mean they don't know what happened, since the status would certainly be in the computer system. It just means they can't send a copy of a document they don't have yet.

If you live near Washington DC, or if you're planning a visit there in the future, then you could stop by the public reading room at the USCIS National Headquarters. They aren't required to maintain public copies of every decision, though.

If you don't want to go through all of this ####### then just presume that the petition was revoked, since that's what the law requires in this case.

[lipslikesugar 0]

Is it me or are the posts on VJ becoming weirder and weirder.

So your Mother abandoned your brother when he was about 14 and emigrated to the US.

He became sick so her conscience got the better of her she moved back abandoning her status.

Now you want to bring him, seriously ill to the US of all places.

If you have the money for the medical bills the legal cost for a lawyer will be small change.

How come your Mother can now move to the US leaving your brother, seriously ill, behind?

Your reply is pathetic. Your assumption is pure ignorance. Thank God people are different .

[lipslikesugar 0]

Yes.

Who are they supposed to notify? Your mother (the petitioner) is no longer a permanent resident, and doesn't reside in the US. USCIS probably doesn't even know how to contact her.

Your mother could try calling the USCIS customer service line at 1-800-375-5283. There's no guarantee they'll tell her anything because she's no longer an LPR. The NCSC is also notorious for giving out incorrect information. The people who answer the phones aren't immigration officers. They're low paid customer service reps who know only how to navigate the customer service computer system.

If you know the case number then you could obtain a redacted version of the decision (with identifying information removed) by filing a Freedom Of Information Act request with USCIS. Your mother (or you, with your mother's written consent) could also file an FOIA request and get an uncensored version of the decision. Use form G-639 to file an FOIA request. There's no fee.

http://www.uscis.gov/g-639

An FOIA request can take months or even years, and you don't always get the information you requested. One problem might be the timeframe involved here. Six months may seem like a long time to you, but it's not a long time to USCIS. If the petition is still at the service center then an FOIA request might result in a "no record" response. You'd have to wait until the petition made it's way to the USCIS National Records Center in Missouri. This doesn't mean they don't know what happened, since the status would certainly be in the computer system. It just means they can't send a copy of a document they don't have yet.

If you live near Washington DC, or if you're planning a visit there in the future, then you could stop by the public reading room at the USCIS National Headquarters. They aren't required to maintain public copies of every decision, though.

If you don't want to go through all of this ####### then just presume that the petition was revoked, since that's what the law requires in this case.

Thank you so much for your time and reply. I am getting a lawyer involved who actually gave me some hope of reopening my brother's petition. I will keep you guys informed about the immigration decisions

have a blessed weekend.

Edited December 11, 2011 by lipslikesugar

[Boiler 45,535]

Your reply is pathetic. Your assumption is pure ignorance. Thank God people are different .

The only assumption I made is the approx age age of your brother, everything else is what you posted.

I did say approx 14.

[belinda63 3,038]

Be very careful of what an attorney will say if they tell you they can re-open your brother's case. Most likely they either don't know what they are doing or they just want your money.

Your brother's petition was based on your mother being an LPR. Since she no longer is the petition is dead. You can appeal until you are blue in the face and it will never be approved because your mother is no longer eligible to petition for him. Your mother has no claim to any benefits in the US therefore she cannot request benefits for another person.

If the attorney can explain to you in a manner you understand how he is going to re-open your brother's petition and you feel what he is saying is possible please come back here and let us know.

[JimVaPhuong 4,863]

Be very careful of what an attorney will say if they tell you they can re-open your brother's case. Most likely they either don't know what they are doing or they just want your money.

Your brother's petition was based on your mother being an LPR. Since she no longer is the petition is dead. You can appeal until you are blue in the face and it will never be approved because your mother is no longer eligible to petition for him. Your mother has no claim to any benefits in the US therefore she cannot request benefits for another person.

If the attorney can explain to you in a manner you understand how he is going to re-open your brother's petition and you feel what he is saying is possible please come back here and let us know.

+100!!

Too many attorneys will happily tell you that there's still a chance when they know for certain that there is no chance. As long as you're willing to keep beating a dead horse, they're willing to keep taking your money for the privilege of helping you. If the attorney is honest then they'll be willing to tell you exactly what they intend to do. Pin him down and find out on what basis he thinks he can have the petition reopened. If he blows you off or tells you "Don't worry, I'll take care of it" then you know he's milking you. If he comes up with a valid reason based on the law or a precedent BIA or federal court decision then I'll gladly concede I was wrong.

[lipslikesugar 0]

Be very careful of what an attorney will say if they tell you they can re-open your brother's case. Most likely they either don't know what they are doing or they just want your money.

Your brother's petition was based on your mother being an LPR. Since she no longer is the petition is dead. You can appeal until you are blue in the face and it will never be approved because your mother is no longer eligible to petition for him. Your mother has no claim to any benefits in the US therefore she cannot request benefits for another person.

If the attorney can explain to you in a manner you understand how he is going to re-open your brother's petition and you feel what he is saying is possible please come back here and let us know.

I know that. What I mean is as soon as her GC is approved again get his case reopen . I don't mean to reopen now.

[lipslikesugar 0]

The only assumption I made is the approx age age of your brother, everything else is what you posted.

I did say approx 14.

No sweetheart. You assumed our mother abandoned him and I never said that. You assumed he has been sick for a while and I didn't say that. You assumed he was left alone and I didn't say that...

My hope is that not everyone is like you.

For your information my brother got ill last year and mom NEVER left him alone. He was legally in US with a student visa.Yes, he was here with us and went back to Brazil when his visa expired. Mom went back with him.

feeling pretty ignorant now? well you shouldn't judge people. If you don't have enough information you should just be quiet . What goes around comes around. Don't forget that

Merry Christmas

Edited December 12, 2011 by lipslikesugar

[NigeriaorBust 4,087]

The original petition is dead. It died when your mother lost her green card. Getting a second green card does not allow you to bridge the gap and reopen the case. When your mother has a new green card she can file again and start from the begining. If he has a serious medical condition they will probably want to show that your family is prepared to cover the costs of his medical needs before he is allowed to travel. There is a slight chance you could seek some sort of humanitarian visa if his condition is extremely life threatening and there are no treatment facilities there. That would probably best be done by an organization that is known for this kind of things. It would be an extreme long shot.

[lipslikesugar 0]

The original petition is dead. It died when your mother lost her green card. Getting a second green card does not allow you to bridge the gap and reopen the case. When your mother has a new green card she can file again and start from the begining. If he has a serious medical condition they will probably want to show that your family is prepared to cover the costs of his medical needs before he is allowed to travel. There is a slight chance you could seek some sort of humanitarian visa if his condition is extremely life threatening and there are no treatment facilities there. That would probably best be done by an organization that is known for this kind of things. It would be an extreme long shot.

thanks for your input. I will call USCIS and get more information. I really can't find any situation similar to ours. I have hope because mom lost her GC but she is a mother if a USC with a clean background and her alien number will be the same once approved. According to our attorney USCIS have no legal reasons to deny her application . If they do deny it will take a couple of months for them to correct it but she will get her GC back.

thanks again... I will keep you guys posted

[Deputy Purple 1,294]

Nobody here doubts your Mom will get approved for another Greencard...

Your real problem is that a New Greencard will not resurrect the petition for your brother as it was automatically revoked when the petitioner lost their LPR Status.

Think of it like Car Insurance, if you let it lapse sure you can get it reinstated (even with the same policy number) but if there was an accident during the lapse then you aren't covered.

On a side note the only reason other posters have mentioned "if" your mother's Visa gets denied is because there is nobody who can tell you 100% it will get approved.

Finally, regarding the your Mom's Status: It sounds like her situation is exactly the reason USCIS has the SB-1 (Returning Resident Visa) how long ago did she lose her Status? If she can demonstrate that the cause of her remaining out of country was unexpected then she would have a shot at it. If that's possible then I would ask a lawyer if obtaining a SB-1 would erase the lapse in her residency (I doubt it).