Case Revoked/Closed (Please advise)

[matrix66 0]

Dear All,

 

My mother-in-law had filed for immigration for her son in 2003. Her son was a Canadian perm resident back then (now a Canadian citizen.) Mother-in-law filed the immigration while she was a US permanent resident. Her son got married in 2005 and reported this change to the immigration. Mother-in-law later became US citizen. She had some address changes which was not reported to USCIS and her son also did not follow up with immigration folks to check the status of his case. After recently contacting USCIS, it appears his case was considered abandoned and USCIS seems to have closed/revoked the case.

 

My question is, is there a way that he can file an appeal to have his case re-opened and processed? He is being told that he would have to re-apply all over again thru his mother, and to my understanding, this would again take probably around 13 to 14 years to process which we cannot afford time wise. Does anyone has any idea what are the options here? Please advise. Thank you all so much in advance.

[aleful 1,905]

no, the petition was voided the day he was married

 

residents can't file for married children, they must remain single until they enter the country. or unless his mom became a USC and then he got married

 

they check the dates, so her marriage certificate had to have the date of marriage before her son got married. once he got married. his mom had to file a new one, once she became a USC, and the priority date would have started from scratch and be a new one. the 2003 priority date was voided

 

it's not immigration's problem that the son messed up by getting married when he knew he couldn't. he can't change the law, it is pretty clear

Edited December 29, 2017 by aleful

[payxibka 10,047]

15 minutes ago, matrix66 said:

Dear All,

 

My mother-in-law had filed for immigration for her son in 2003. Her son was a Canadian perm resident back then (now a Canadian citizen.) Mother-in-law filed the immigration while she was a US permanent resident. Her son got married in 2005 and reported this change to the immigration. Mother-in-law later became US citizen. She had some address changes which was not reported to USCIS and her son also did not follow up with immigration folks to check the status of his case. After recently contacting USCIS, it appears his case was considered abandoned and USCIS seems to have closed/revoked the case.

 

My question is, is there a way that he can file an appeal to have his case re-opened and processed? He is being told that he would have to re-apply all over again thru his mother, and to my understanding, this would again take probably around 13 to 14 years to process which we cannot afford time wise. Does anyone has any idea what are the options here? Please advise. Thank you all so much in advance.

What would be the basis of the appeal?

[pink_niru 41]

25 minutes ago, matrix66 said:

Dear All,

 

My mother-in-law had filed for immigration for her son in 2003. Her son was a Canadian perm resident back then (now a Canadian citizen.) Mother-in-law filed the immigration while she was a US permanent resident. Her son got married in 2005 and reported this change to the immigration. Mother-in-law later became US citizen. She had some address changes which was not reported to USCIS and her son also did not follow up with immigration folks to check the status of his case. After recently contacting USCIS, it appears his case was considered abandoned and USCIS seems to have closed/revoked the case.

 

My question is, is there a way that he can file an appeal to have his case re-opened and processed? He is being told that he would have to re-apply all over again thru his mother, and to my understanding, this would again take probably around 13 to 14 years to process which we cannot afford time wise. Does anyone has any idea what are the options here? Please advise. Thank you all so much in advance.

I made the same mistake before 12 years..my mom filed for me on GC n i got married, file got cancelled.

 

If ur brother in law got married after mom got citizenship. He would have RETAINED the original PD of GC. But now as GC parent can NOT file for married son , his file is cancelled.

 

She need to file again after she get citizen ( F3) file , new PD, new process . Waiting period around 13 yrs 

[geowrian 22,338]

All of the above is correct. The petition was rightfully revoked as an immigrant visa for a married son/daughter of an LPR does not exist.

 

He "stepped out the line" and lost his spot, and isn't allowed back in without a new petition.

[Boiler 46,176]

Mother should have refiled when she became a USC.

 

Did she not know her son hard married?