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  • sponsor brother

    I am in the process of sponsoring my brother. My brother was on a H1b visa. He lost his job and visa. He overstayed for a few months and then went back.

    He had a Green Card petition, and the petition also got cancelled after he lost his job. Do we need to answer Yes or No to the question on I-130 that have you ever been on the immigration proceedings?

    thanks
    Manny

  • #2
    If an I-140 was submitted for him, then answer "Yes"

    Originally posted by manny73 View Post
    I am in the process of sponsoring my brother. My brother was on a H1b visa. He lost his job and visa. He overstayed for a few months and then went back.

    He had a Green Card petition, and the petition also got cancelled after he lost his job. Do we need to answer Yes or No to the question on I-130 that have you ever been on the immigration proceedings?
    Regards,
    S K Ghori
    skg@vex.net
    http://www.vex.net/~skg/

    **NOTE**
    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

    **DISCLAIMER**
    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

    Comment


    • #3
      Yes because the cancellation of the I-140 application falls under Rescission
      Originally posted by Triple Citizen View Post
      If an I-140 was submitted for him, then answer "Yes"
      DO/ASC: Baltimore

      2011

      001 11.07 Mailed
      003 13.07 Recvd
      005 15.07 Texts
      006 16.07 Check Cleared
      015 25.07 NOA's Received
      020 30.07 Bio Notification
      025 04.08 Walkin Bio
      059 08.09.EAD Approved
      065 14.09 Int Letter
      101 20.10 Int Date
      105 24.10 Approved
      112 31.10 Card Received

      2013 :

      001 29.07 Mailed I-751
      008 05.08 Checks Cashed
      008 05.08 Ext. Notice Recvd
      011 09.08 Bio Notification
      016 13.08 Walk-in Bio
      090 28.10 Approval Notice

      Comment


      • #4
        sponsor brother

        Originally posted by ananga73 View Post
        Yes because the cancellation of the I-140 application falls under Rescission
        No....there was no I-140 filed for him. Only the PERM labor application was filed, and he lost his job after that. So does that means there was no immigration proceedings??

        Comment


        • #5
          Answer NO to that question if he simply left the US on his own without having any kind of an immigration hearing or being notified of proceedings against him.

          EB3 ROW I-485 Approved: July 2007
          USC: July 2013
          I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

          Comment


          • #6
            Correct. You initially gave incorrect information that resulted in incorrect responses

            Originally posted by manny73 View Post
            So does that means there was no immigration proceedings??
            Regards,
            S K Ghori
            skg@vex.net
            http://www.vex.net/~skg/

            **NOTE**
            I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

            **DISCLAIMER**
            I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

            Comment

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