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jon1987n

Got divorce 7yrs ago does my old i-130 erase from USCIS archives

By jon1987n in Bringing Family Members of US Citizens to America

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NikLR Grand Master

NikLR   13,231

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

Okay OP, if an adult child or a spouse wants to help uou become a green card holder, there is a waiver for people who entered without inspection.  You cannot adjust your status but with this special waiver approved, I-601a, you can safely interview in Mexico without triggering a ban. 

 

However your brother petitioning for you is not a good idea since the wait is so long.  I do not condone randomly marrying someone either just for a green card.  That is fraud. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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geowrian
geowrian

For your brother to petition you, you're looking at ~20 years for Mexico (if the category is even still around). The rules surrounding all the circumstances here may have changed by then. You wou

Michael2017
Michael2017

I think you should keep an eye on politics and immigration reform. I think both republican and democrats could work out a deal for illegal people in the country already. The suggestions are very diffe

Derik-Lina Community Regular

Derik-Lina   230

Posted
Filed: IR-1/CR-1 Visa Country: Morocco
 Timeline
Posted (edited)
10 hours ago, jon1987n said:

So I got divorce 7 years ago started a i-130 petition. Never finished it, now my brother want's to help me become a Resident. My question are does my old petition erase from USCIS archives can my brother still help me on my Residency. If so Can you please explain?

1- Nothing ever erased for USCIS archives; The USCIS does an excellent job at keeping records.

2- Your brother can file anything, but it is very very unlikely you become legal. 

3- It takes over 10 years for siblings petitioning each other.

4- You broke the law by entering illegally, so even the I-130 by your brother will be useless.

5- You are looking at over 30 years at least;

Because and Hypothetically, if your brother applies for you, you are looking at a 10 to 15 years ban

plus another 15 years for the petition and only if approved. 

Edited by Derik-Lina

Honest-Love-Respect

Boiler Grand Master

Boiler   45,884

Posted
Filed: K-1 Visa Country: Wales
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Posted
17 minutes ago, Derik-Lina said:

1- Nothing ever erased for USCIS archives; The USCIS does an excellent job at keeping records.

2- Your brother can file anything, but it is very very unlikely you become legal. 

3- It takes over 10 years for siblings petitioning each other.

4- You broke the law by entering illegally, so even the I-130 by your brother will be useless.

5- You are looking at over 30 years at least;

Because and Hypothetically, if your brother applies for you, you are looking at a 10 to 15 years ban

plus another 15 years for the petition and only if approved. 

He could level now and the ban would be over a looooooooooong time before the visa number is current.

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Longingfor Collaborator

Longingfor   195

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
Posted
11 hours ago, jon1987n said:

So I got divorce 7 years ago started a i-130 petition. Never finished it, now my brother want's to help me become a Resident. My question are does my old petition erase from USCIS archives can my brother still help me on my Residency. If so Can you please explain?

OP after reading all the responses you received. My only advice is to seek out an immigration lawyer that offers feee consultation. That is your best bet right now. Good luck.

Visa - CR1

Service Center - Nebraska

PD - January 26, 2017

NOA1 - January 31, 2017

NOA2 - November 3, 2017

State Department - Sent November 7, 2017

NVC Received - November 9, 2017

Consular Interview - January 5, 2018

Port of Entry - Miami on January 19, 2018

 

ROC Mailed - December 14, 2019

ROC Rec'd - December 16, 2019

E-Notification - December 19, 2019

ROC sent to National Benefits Center (MSC receipt #)

Cheque cashed December 20, 2019

Ready to Schedule for interview - October 7, 2020

No ROC interview

New card is being produced - August 16, 2021
Card received - August 23, 2021

 

 

N400 -  Online

Filed - July 19, 2021
NOA - July 24, 2021

Biometrics - August 16, 2021
Interview - December 14, 2021

Approval - January 27, 2021

Oath Ceremony Notice Mailed - March 17, 2022

Oath Ceremony - March 30, 2022

 

Passport Book and Card in hand August 12th and 14th 2022.

 

My journey is finally over 🥰

 

 


 

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
52 minutes ago, Derik-Lina said:

What do you mean? I am confused.

The ban due to overstay caps at 10 years. The wait for the PD to become current for a sibling from Mexico is ~20 years. So they could leave the US to wait out the bar.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Boiler Grand Master

Boiler   45,884

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

No harm having a chat with a lawyer, needs to make sure you have everything pat so there is no confusion, I would certainly not want to be specific with the limited and slightly confusing info posted here.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

TBoneTX Grand Master

TBoneTX   45,831

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

A noncontributory post has been removed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Illiria Proficient

Illiria   980

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

All right I’ll bite.

 

no the previous petition isn’t deleted however it cannot be reactiveated so any new sponsor would need to submit a new petition.

 

Your brother as others have mentioned petition would take a decade or two.

 

Your child could only petition after they are 21.

 

If you had a new spouse they could petition you but expect a lot of scrutiny and would need lots  of evidence to support it being a genuine relationship and not for immigration purposes.

 

This is all before any ban for overstay or entering illegally. I don’t know much about those so defer to my more learned associates for advice on that.

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

MaleAlpha Community Regular

MaleAlpha   314

Posted
Filed: Citizen (apr) Country: Ghana
 Timeline
Posted

I learned something new today - Parole in Place . had no idea it even existed. (Thanks Boiler).

 

Nothing new to add her except to say that your friend's son may have obtained the LPR status for him/her by this Parole in Place (if it's not been done away with already).

~AOS : 09/11/2014 - 2 YR Green card received!.

~ROC : 07/13/2017 - 10 YR Green card received!.

~N-400 : 10/28/2020 - N400 Interview & Approval/Oath Ceremony/US Citizen!

 

More Importantly, I am a proud Anti-Fascist!

 

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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