Family Petitions - F4

[lily&jo]

Greetings!

I would like to inquire regarding our case on family petition under the F4 category.

My older sister a naturalized US Citizen filed a petion on May 4, 1978 and I recieved the notice of the approved petion on Aug 2, 1978 granting fifth preference status. On May 20, 1994 we received a letter from Arlington VA informing us that our approved petition( with a case number already indicated) has been transferred from INS to NVC and that visa numbers are not yet available for use.Then on April 1997 we received a letter from NVC informing us of the steps to follow (with the packets) in the processing of immigrant visa with US Embassy in my country. However, I informed the US Embassy in Manila that the petitioneer (my sister) died on a car accident in 1991.

My younger sister who is also a US citizen filed petiiton in Nov. 1998 which was supposed to be a re-instatement of the previous petition filed by my deceased sister but we received the approval (I130)l on May 17, 2005 but as a new petition instead.

My questions are the following:

1. Is it possible that the old petition (by my dead sister) be reinstated under the Family Sponsor Act of 2002? If possible how long will it take to be processed?

2. Does the second or new petition from my younger sister affect the old one from my deceased sister?

3. Do we need an immigration lawyer from my country or from the US to handle the case?

Thanks for the help.

 

[cherr1980]

You said that your younger sister filed a new petition and it was supposed to be the "re-instatement" of the previous one, but it couldn't be a re-instatement since by that time there was no law for re-instatements when the petitioner die.
In that case, the petition made by your younger sister was consider as a new totally independent petition and that is why took so long again from 1998 until now 2005.

1. By the provisions of the law you can check this link at the end says something about families who applied before the law and if it can be apply to you:
http://www.ilw.com/lawyers/articles/2003,0411-patel.shtm

2. In what matter can affect? By the time the Family Sponsor Law passed it was 11 years after your previous petition, I think it is revoked already, but I think you can check out with the USCIS if you have the letter and see what can be done, in this case a lawyer can tell you better.

3. I think should be wise from the part of the petitioner since she is the one who should will be able to file things and so on, means in the US. But lawyer is a very personal decision and you should discussed with your sister.

Good luck,