Father petition for son

[LocDenz 0]

Hi guys,

Before asking a question let me tell you a little bit about my situation, thanks in advance for reading or providing any answers.

My dad filled out the I-130 for my brother as non-married son over 21 in 2007. My dad wasn't US Citizen, just Permanent Resident, when filled out the application, and my brother married at that time which couldn't be eligible for Permanet Resident sponsor for a married son over 21. Well, his friend said it's ok, he can switch that once he becomes a US Citizen. The case transfered to US Visa Dept with the reference was F2B and waited for piority date.

My dad became US Citizen in 2011, we sent the US Cirizen Cert along with my brother's Marriage Cert, his wife, and his daughter info as well to US Visa Dept. They didn't say anything just asking us to pay the fee for AOS and Visa application, we paid all the fees and continued to wait. Couple months later we received a mail from US Visa Dept stated his case was not eligiable anymore since my brother had married before my father became US Citizen and they transfered his case back to USCIS. I didn't call USCIS yet, thought it's over, we cant change anything.

In 2013, we filled out the I-130 again for my brother with corrected info (F3). The USCIS is still reviewing his case right now.

Should I call the USCIS and ask for the previouse case was returned by US Visa Dept?

Does my brother have any problem with the new application?

Is there any way to reclaim the time for the 2nd application since we had applied the 1st one in 2007?

Thanks,

LocDenz

Edited April 10, 2014 by LocDenz

[belinda63 3,038]

No

No

No

[Avery Cates 1,141]

I don't see why there would be any problem with the new petition. He wasn't denied for any fraudulent or suspect reason, he just wasn't eligible for that filing at that time.

Your previous petition will have no bearing on the timeframe of the current one. There is no making up for the time spent on the previous one.

[aleful 1,905]

hi

the petition was voided when your brother married, since LPR cannot file for married children. Your friend was wrong and misinformed all of you. He could marry after your father became a USC not before. that petition is over

new petition, new priority date, forget about the old petition. it doesn't exist anymore

[aaron2020 11,651]

Hi,

No reason to contact USCIS about the old petition. It's over an done with.

There's no issue with a new petition.

There is no way to benefit in any way from an invalid petition.