Filing for brother/sister to the US

[naha1975 0]

Hi my sister in law's brother filed for her and their brother and 3 of their sisters to come to the US. He is a citizen. They requested documents from him for them 10 years ago, after they approved the I 130,  I found out that he never sent the documents needed and he changed his mind bringing them here to the US but he keeps telling them that there case will be done soon. The request for those documents expired. Does that mean they cancelled there case? My question is can they reapply again or is there file still active? How can we check on it if he was the petitioner. Thank you for your time

[SalishSea 17,829]

1 hour ago, naha1975 said:

Hi my sister in law's brother filed for her and their brother and 3 of their sisters to come to the US. He is a citizen. They requested documents from him for them 10 years ago, after they approved the I 130,  I found out that he never sent the documents needed and he changed his mind bringing them here to the US but he keeps telling them that there case will be done soon. The request for those documents expired. Does that mean they cancelled there case? My question is can they reapply again or is there file still active? How can we check on it if he was the petitioner. Thank you for your time

Uh, if the petitioner has changed his mind, they have no path to an immigrant visa. 

[SusieQQQ 11,586]

As above. If he is not prepared to sign an affidavit of support for them the case is dead. “They” can’t reapply again. The only person who can apply again is the sponsor/petitioner.

[SteveInBostonI130 3,453]

3 hours ago, naha1975 said:

Hi my sister in law's brother filed for her and their brother and 3 of their sisters to come to the US. He is a citizen. They requested documents from him for them 10 years ago, after they approved the I 130,  I found out that he never sent the documents needed and he changed his mind bringing them here to the US but he keeps telling them that there case will be done soon. The request for those documents expired. Does that mean they cancelled there case? My question is can they reapply again or is there file still active? How can we check on it if he was the petitioner. Thank you for your time

 

If the request for documents were on RFEs and he did not act on them, then the petitions are most likely denied.

 

If the I-130 was approved and their petitions are at NVC, then there might be a chance the petitions are dormant but still valid.  The documents needed at NVC can be delayed, as long as the brother made yearly requests to NVC to keep the status active.  Or, they may automatically remain active until the PDs become current (could someone else on VJ chime in?)  Your in-laws will need to know the case numbers and invoice numbers to check.  

 

As others stated, even if the petitions are still valid the brother needs to complete the NVC step - your in-laws cannot do it without him.

[naha1975 0]

Thank you all for the reply, I truly appreciate everyone's comments and help.