Approved I-140 shelf life?

tuesdayschild

Registered Users (C)
Hi,

My cousin was kind to allow me to type my message with her screen. So I hope I will be able to get some insight on what I'm asking. Thanks in advance!

Anyway, I am an American born citizen and I'll be turning 21 in the next month. By that time I will FINALLY be able to sponser my mom. (At least, that is the info I've be getting for years by word of mouth and by looking on USCIS' site.)

I know this is the I-140 cat. so I'll get to the point. My mother had come a little more than 21 years ago (well, yeah, do the math against my age :D ) and after finding herself pregnant (with moi), diagnosed with cancer and pretty much on her own after my father wasn't the pillar of support he was supposed to be, My mother got a job offer in Florida as a live in caretaker for a bedridden, mute elderly woman.

Now she went through all the paper work procedures and was able to have an I-140 filed on here behalf. Her patient's son, due to his mother's inability to do anything for herself, acted in proxy to his mother on all the paperwork signing and such. Thats why on her approved I-140 the woman's name is there as sponser instead of her son who filed and payed for all the paperwork.

Now, I'm wondering, is this paper still good today? Just out of curiosity. I mean, I can file for my mother this year after years of waiting and sacrifice she put into to going through the system the right way. She had a lawyer back then but from my understanding that guy probably wasn't worth his weight. After my mom's approval letter came in 92 her patient passed away in 94. Kind of leaves one hanging, no? In the 2 years time btw her approval and her client's death nothing and no one notified her of further instructions. We eventually moved away out of state and it's only since that whole 245i thing that she was able to file another peice of paperwork under her naturalized sister back in 2001.

You know, I had gone to a doctor's appointment at a clinic last year and the lady who helps set up medicare happened to be pretty immi saavy. In fact she and I called in on the status of that old approval letter and after she had spent what seemed like forever on the phone she got a kind officier who looked in the archives (I would hate to see how one of those looks) and the file was found. According to him he advised that something still be done with it. We also wrote a letter to the Visa processing place who in turn let us know that they had already shipped the paperwork to the foreign consulate. It kind of went flatline there as I didn't know what further to do.

Just in case anyone does know, is there anything mentioned in the above that can complicate my processing for her? Like the sister petition and that whole yarn with this status confused petition? It would be interesting to know, though if that I-140 stilll had some kicking power as was implied by the officier we called. At most, if something could HAVE been done, it will be ironic. (of course I don't see my mother laughing about it later down in golder years. :eek:

Again thanks for any and all help!

On another tangent for a buddy of mine, do anyone know if a family member can hire another family member who is undocumented. Can they file like that and under what? I-130 or i-140. Would be awesome if someone could point me the law and/or instructions concerning an issue like that.


Big thanks!
Blue
 
Hi Blue,
I hope your mother is well and hope this all continues to go well for all of you.
Definitely you should see an immigration lawyer about this for a couple of reasons:
1) even an approved I-140 does not give status, so the question would arise in what status your mother has been and worked here all this time if she didn't have a greencard.
2) The answer to question 1) would possibly lead to a 10-year bar if she would be removed or even left voluntarily - even if to visit the consulate to continue her I-140 based GC. Obviously that should be clarified before someone leaves the US.
3) The other question is that since the original 'job' does not exist anymore (the person she cared for is dead you said), the validity of the I-140 would have to be looked at. In an employment based case - which this seems to be - the I-140 is coupled to the employer.
4)
is there anything mentioned in the above that can complicate my processing for her?
depends on your answer to question 1) and if 245i applies.
5)
On another tangent for a buddy of mine, do anyone know if a family member can hire another family member who is undocumented.
not legally. The problem with filing comes at the latest at the I-485 stage - adjustment of status, since this requires that there is a legal status to adjust from in the first place.

Since none of these items are clear and do affect each other, you best see an immigration lawyer about this.

Hope this helps.
 
We eventually moved away out of state and it's only since that whole 245i thing that she was able to file another peice of paperwork under her naturalized sister back in 2001.

If her application was submitted prior to April 30, 2001 and she can prove that she was in this country before and on December 20, 2000 then she should be able to follow through. And yes, a relative with citizenship could petition (i130) on behalf of the alien beneficiary under 245i. If I were your mom, I'd contact an attorney ASAP :D

245i rules http://www.uscis.gov/graphics/howdoi/hdi245i.htm
 
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Thanks so much for replying back gc_2006 and envision! My mother and family are doing very well, thanks! (Despite its wickedly hot and humid here right now. :cool: )

I guess seeking a legit lawyer would be the best line of offense, huh? I see that these forums are run by a lawfirm (correct me if I'm wrong.). Does anyone reccomend them? Or do you thinnk I should go local with looking for a lawyer?

To kind of fill in the gap there to gc_2006's question, my mom has unfortunately had to work undocumented since her I-140's patiant passed away. (I certainly cannot complain considering who she helped keep a home for and made sure never went hungry.) She has been out of status for *cough* years *cough* since coming here on a guest visa. (She never intended to stay either but yeah, there I was ~____~;;; )

Even if she could still adjust via this old I-140 would anyone or an attorney know if there is another route other than thru the GConsulate, like change it to the AOS procedure? (Did that sentence make sense?) Also, considering the application was approved in '92 doesn't that qualify her for 245i or would her sister's petition in April 2001(was filed before dline.) be the qualifier?

Aiya! I wonder why her patients son didn't have himself as the employer seeing as he was the one doing the hiring? I'm surprised at why INS (oldschool USCIS) didn't take into the consideration that the woman "petitioning" was an invalid.

Oh, and befoe I forget, on the account of one (citizen) hiring an undocumented relative, would your answer be the same if that person fell under 245i?

Anyways, thanks so much guys! I know (or I assume) neither of you are lawyers, but your input has been very appreciated. I'll see about looking about a lawyer at the very least to make sure I can still process for my mother by the time my b-day comes around. :D

Many thanks!
 
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