Help with I-130 Problem

[Hudson920 0]

Hello all, this is for a friend of mine.  Here is the situation. Her mother, who is a green card holder, filed an I-130 under F2B for her middle daughter some 14 years ago.  The mother has three daughters, two of which are USC, naturalization.  One daughter is not and has a multiyear B1 visa. All are from India. Mother has recently passed away, which means the I-130 dies with her.  Mother is survived by her husband who is also from India and has a green card.  The daughter has a multiyear B1 visa and is reliant on her parents for support. They currently live in the USA.  Parents are well off by Indian standards and middle class by USA standards.  The middle daughter does not work at all.  So, no job skills to speak of for immigration purposes.  The middle daughter is in her late 30s.  

 

My friend tried to go to immigration attorneys to see if they can help with INA 204L relief.  They all said no.  So, what are the options?

 

If the father starts another I130 petition, the time frame starts all over again.  

The current I-130 has not been approved or rejected.  The case is still pending. 

Since the daughter does not work, only affidavits by all family members can show that the middle daughter has resided in the US with her parents when they come.  

If the other two daughters try to file the I130, does that time frame increase because they are from India? 

 

Looking for options here for the middle daughter.  

 

Thanks.  

[Dashinka 24,483]

I don't think INA 204L applies unless the middle daughter is living/residing in the US.  I am a little surprised that the F2B I130 has taken so long as the current date for India is 22SEP15, so 14 years seems outside normal processing.  

 

Here is a similar case, and unfortunately, there appears to be little recourse other than the father (assume he is the biological father) files a new I130, since as you said, the mother's I130 was not approved.

 

Good Luck!

 

 

Edited June 22, 2023 by Dashinka

[Hudson920 0]

26 minutes ago, Dashinka said:

I don't think INA 204L applies unless the middle daughter is living/residing in the US.  I am a little surprised that the F2B I130 has taken so long as the current date for India is 22SEP15, so 14 years seems outside normal processing.  

 

Here is a similar case, and unfortunately, there appears to be little recourse other than the father (assume he is the biological father) files a new I130, since as you said, the mother's I130 was not approved.

 

Good Luck!

 

 

She is living in the US now, but she has no lease, no job, no nothing. Which is the problem. Only affidavits from the Father and two sisters that live in the US can show that she lives here.  

 

From INA 204L, A beneficiary of a pending or approved immediate relative immigrant visa petition.  How it also states, "applies to an adjustment of status application adjudicated on or after October 28, 2009."  So, this only applies with I485 applications or can it include the I130 application as well?  

 

 

Here is the link of who qualifies:  https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9

[manyfudge 285]

1 hour ago, Hudson920 said:

She is living in the US now, but she has no lease, no job, no nothing.

What do you mean?

 

You can’t “live” in the U.S. on a multi year B visa.

 

You can visit up to 6 months up at any ONE time during the period of B visa validity.

 

Did she enter on her B visa more than 6 months ago, and has she stayed here since?

 

If so, the only avenue to a green card is marriage to a US citizen.

 

 

[Hudson920 0]

52 minutes ago, manyfudge said:

What do you mean?

 

You can’t “live” in the U.S. on a multi year B visa.

 

You can visit up to 6 months up at any ONE time during the period of B visa validity.

 

Did she enter on her B visa more than 6 months ago, and has she stayed here since?

 

If so, the only avenue to a green card is marriage to a US citizen.

 

 

The middle daughter is totally reliant on her parents. Her mother has passed away, but her father still lives.  And Father is the one living in the US now and has been for 4 years. Father stays with one of the other daughters who is a USC, has a job, home, etc.  Father has a green card, which is why the multiyear B1 visa was granted to the middle daughter.  

[Timona 4,207]

3 minutes ago, Hudson920 said:

The middle daughter is totally reliant on her parents. Her mother has passed away, but her father still lives.  And Father is the one living in the US now and has been for 4 years. Father stays with one of the other daughters who is a USC, has a job, home, etc.  Father has a green card, which is why the multiyear B1 visa was granted to the middle daughter.  

 

You're confused. 

 

[Boiler 45,451]

Visiting the US is not Residing in the US.

 

14 years does not make sense, as has been mentioned above, her case would have been current years ago.

 

The way the account reads is that the Mothers Spouse is not her Father.

[Boiler 45,451]

Perhaps 14 should be 4?

[manyfudge 285]

@Hudson920, simple question:

 

How long has the middle daughter been in the United States?

 

[Mike E 11,739]

She needs to leave the U.S. and serve out her ban for overstay.

 

Dad, and each sister need to file I-130s.

 

 

[Hudson920 0]

1 hour ago, Timona said:

 

You're confused. 

 

Not really.  You do know there are temporary absences allowed for Green Card holders, right?  And for the muliyear B1 visa, which was approved by the Embassy/Consulate sometime ago, and has since been renewed once.  If a person who lives in another country has relatives here in the US, then a multiyear visa can be approved if all qualificationsmultiyear are met.  

26 minutes ago, Mike E said:

She needs to leave the U.S. and serve out her ban for overstay.

 

Dad, and each sister need to file I-130s.

 

 

She has not overstayed yet.  Her B1 visa last date will expire in July, end of July.  

[Boiler 45,451]

1 minute ago, Hudson920 said:

Not really.  You do know there are temporary absences allowed for Green Card holders, right?  And for the muliyear B1 visa, which was approved by the Embassy/Consulate sometime ago, and has since been renewed once.  If a person who lives in another country has relatives here in the US, then a multiyear visa can be approved if all qualificationsmultiyear are met.  

She has not overstayed yet.  Her B1 visa last date will expire in July, end of July.  

So she last entered in January?, as mentioned above she is visiting the US not residing in the US.

 

B1 is for Business I assume you mean B2.

[Hudson920 0]

45 minutes ago, manyfudge said:

@Hudson920, simple question:

 

How long has the middle daughter been in the United States?

 

She comes for a 5 to sux month stay this year. She has been living here since that time. The father and mother, when she was alive, would go back to India temporarily for 4 or five months, and then come back to the US to stay.  

 

Currently, she has been here since Feburary and I think her time will expire in July, end of July.  She was here previously for three months last year.  And about 4 months the year before.  

[Boiler 45,451]

3 minutes ago, Hudson920 said:

She comes for a 5 to six month stay this year. She has been living here since that time. The father and mother, when she was alive, would go back to India temporarily for 4 or five months, and then come back to the US to stay.  

 

Currently, she has been here since February and I think her time will expire in July, end of July.  She was here previously for three months last year.  And about 4 months the year before.  

Father and Siblings need to get that I 130 filed.

Edited June 22, 2023 by Boiler

[manyfudge 285]

2 minutes ago, Hudson920 said:

She comes for a 5 to sux month stay this year. She has been living here since that time. The father and mother, when she was alive, would go back to India temporarily for 4 or five months, and then come back to the US to stay.  

 

Currently, she has been here since Feburary and I think her time will expire in July, end of July.  She was here previously for three months last year.  And about 4 months the year before.  

Ok, so how sure are you that the i-130 petition was not approved?

 

That does not seem right.  Pending 14 years.

 

Is there a receipt notice or anything like that?  They need to check the status.

 

If it is approved, then you know how to go down the humanitarian reinstatement route.

As for the other, I think you already consulted with various law firms and they don't think she is a good candidate for 204(l) relief.

 

The mistake made here was not to have the entire family file a petition for someone who is completely financially reliant on them 

(2 parents and 2 sisters should have ALL filed for her).

 

She needs to go home before the i-94 expiry date, and her whole family needs to file for her.  Father and 2 sisters.