USCIS "My Case Was Approved" 18 years ago, did't follow up

[Family 3,988]

1. Do a FOIA ( dad’ s name ) both to DOS ( Dept of State/NVC and USCIS) for the complete file of the I-130 .

2. Do an Ask NVC ( dad of course) and ask for status of case and AOS/IV invoice if case is still active ..

 

**I think case was terminated after 3 years of notices they kept sending your dad ..way back then).** You will be able to see those notices in the FOIA records. 
If case was terminated, there is NOTHING you can argue to bring it back to life….dad just did not want to bring his wife and child to the US..

 

BUT…he can file a new I-130 for you and TRY to claim the priority date from the petition for your mom…long shot , since he has naturalized ..but worth trying.

 

 

[Family 3,988]

F-1 for Mexico is at least a 25 year wait…

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-may-2023.html

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	15DEC14	15DEC14	15DEC14	01APR01	01MAR12
F2A	08SEP20	08SEP20	08SEP20	01NOV18	08SEP20
F2B	22SEP15	22SEP15	22SEP15	01JUN01	22OCT11
F3	08DEC08	08DEC08	08DEC08	01NOV97	08JUN02
F4	08APR07	08APR07	15SEP05	01AUG00	22AUG02

[Boiler 45,426]

Yup that complicates matters even more as there has been no mention of continuing the case for the mother, I can think of multiple issues any of which could doom this.

[Family 3,988]

28 minutes ago, Boiler said:

Yup that complicates matters even more as there has been no mention of continuing the case for the mother, I can think of multiple issues any of which could doom this.

Worth filing new I-130 w claim to F-2A priority date. 


https://www.ilrc.org/sites/default/files/resources/how_to_recaptureretain_and_utilize_priority_dates_february_2022.pdf

B. When a New Petition May Be Required to Recapture a Priority Date
Based on the language of the DHS regulations, as well as dicta in the Supreme Court decision in Cuellar de Osorio,22 there is a reasonable argument that derivative beneficiary children of LPRs who naturalize, automatically convert to immediate relative beneficiaries, without a new petition being filed by their newly naturalized parent. It is clear that the BIA in Matter of Wang overruled one regulation which required a new petition for aged out derivatives moving from the F2A to the F2B category.

[Boiler 45,426]

27 minutes ago, Family said:

Worth filing new I-130 w claim to F-2A priority date. 


https://www.ilrc.org/sites/default/files/resources/how_to_recaptureretain_and_utilize_priority_dates_february_2022.pdf

B. When a New Petition May Be Required to Recapture a Priority Date
Based on the language of the DHS regulations, as well as dicta in the Supreme Court decision in Cuellar de Osorio,22 there is a reasonable argument that derivative beneficiary children of LPRs who naturalize, automatically convert to immediate relative beneficiaries, without a new petition being filed by their newly naturalized parent. It is clear that the BIA in Matter of Wang overruled one regulation which required a new petition for aged out derivatives moving from the F2A to the F2B category.

Reasonable argument so we got back to Lawyer and Father pulling finger out.

 

I assume there is a reason that nothing happened for many years which may be relevant 

[carlos.arreola 2]

On 5/4/2023 at 4:27 PM, Boiler said:

Reasonable argument so we got back to Lawyer and Father pulling finger out.

 

I assume there is a reason that nothing happened for many years which may be relevant 

Hi, how likely is that this will work? 

 

I spoke with a lawyer and they suggested the same thing, claim to F-2A priority date, with a new I-130. I am afraid I will have to start all over again and wait 20 years +.

[Boiler 45,426]

What did the lawyer say?

[carlos.arreola 2]

On 5/4/2023 at 3:58 PM, Family said:

Worth filing new I-130 w claim to F-2A priority date. 


https://www.ilrc.org/sites/default/files/resources/how_to_recaptureretain_and_utilize_priority_dates_february_2022.pdf

B. When a New Petition May Be Required to Recapture a Priority Date
Based on the language of the DHS regulations, as well as dicta in the Supreme Court decision in Cuellar de Osorio,22 there is a reasonable argument that derivative beneficiary children of LPRs who naturalize, automatically convert to immediate relative beneficiaries, without a new petition being filed by their newly naturalized parent. It is clear that the BIA in Matter of Wang overruled one regulation which required a new petition for aged out derivatives moving from the F2A to the F2B category.

I spoke with a lawyer and they will try this exactly. 

 

I was reading this document "https://www.ilrc.org/sites/default/files/resources/how_to_recaptureretain_and_utilize_priority_dates_february_2022.pdf" and could find some cases similar to mine. I am afraid I will have to start all over again, looking into 20 years +. I wish there was a law that could benefit me in this situation, I was a kid at the time and didn't know what to do.

[Boiler 45,426]

There is no expectation that children would know what to do, Parents are different.

[carlos.arreola 2]

4 minutes ago, Boiler said:

What did the lawyer say?

He suggested to submit a new I-130 with w claim to F-2A priority date, but I don't know if I should keep looking for other options/lawyers. He was the first one that came up when I was looking for a lawyer here in San Diego. I wish there were other options like to argue with NVC to re-open the case. He checked on the system and NVC sent a "Final 1 year Notic" to my dad back in 2011. altough the case still says "Approved at USCIS" and "At NVC" at NVC.

Edited May 8, 2023 by carlos.arreola

[carlos.arreola 2]

On 5/4/2023 at 11:24 AM, Crazy Cat said:

You cannot apply to USCIS.  Normally, I-130s do not expire as long as the relationship between the petitioner and beneficiary still exists.  The issue is with NVC since cases expire there after 1 year.  Your Dad needs to get involved.  

We looked into the case with a lawyer and he came up with the following information:

 

USCIS approved the case in 2005.

NVC sent a 1 year notice to follow-up the case in 2011.

He suggested to submit a new I-130 with F-2A priority date.

Sister is USA Citizen - suggested to apply through her.

 

Maybe he didn't know? It was the first lawyer that came up and I scheduled an appointment with him.

 

At this point I don't know if I should start with the process again or not, someone here said I am looking into 20 + years waiting time for a visa number.

[Family 3,988]

2 minutes ago, carlos.arreola said:

He suggested to submit a new I-130 with w claim to F-2A priority date, but I don't know if I should keep looking for other options/lawyers. He was the first one that came up when I was looking for a lawyer here in San Diego. I wish there were other options like to argue with NVC to re-open the case. He checked on the system and NVC sent a "Final 1 year Notic" to my dad back in 2011. altough the case still says "Approved at USCIS" and "At NVC" at NVC.

NVC actually sent 3 letters over 3 years…dad could have saved petition within that time. If you find a lawyer that sells you anything other than new I-130 w claim to priority date..RUN..waste of $$.

Your choice is to try or keep regretting. 
 

Did you ever live in the US? Your English is top notch

[Crazy Cat 41,755]

1 minute ago, carlos.arreola said:

At this point I don't know if I should start with the process again

As has been stated, your father needs to contact NVC, imo.

[carlos.arreola 2]

2 minutes ago, Family said:

NVC actually sent 3 letters over 3 years…dad could have saved petition within that time. If you find a lawyer that sells you anything other than new I-130 w claim to priority date..RUN..waste of $$.

Your choice is to try or keep regretting. 
 

Did you ever live in the US? Your English is top notch

I will follow your advice, I really appreciate your time to answer this.

 

This other Lawyer told me that he could give me a "Green Card" in 1 year.  

 

Yes, I lived 6 years in San Diego, finished Elementary School 1st to 6th grade. Thanks!

[Family 3,988]

7 minutes ago, carlos.arreola said:

He suggested to submit a new I-130 with F-2A priority date.

Sister is USA Citizen - suggested to apply through her.

Look at the processing time difference between F-1 ( father) and F-4 ( sister) and you can understand which one will get you here faster , in case priority date is not accorded. 
You are right in preparing yourself for not getting priority date because the principal beneficiary ( mom) did not immigrate.

 

Having both your sister and dad file now, gives you a chance to be covered in case dad passes away …but most importantly will give YOUR ( future) children a chance ….something your dad did not do for your mom and you.

Is it a half sister?