Filing new I-130 petition for person of dual nationality whose I-130 previously denied

Aquinox

New Member
Hi,

I'm writing on behalf of my younger brother, whose mother (our mother - a permanent resident) would like to file a petition I-130 for.

Our step-father previously filed an I-130 petition for him, which was denied because of the fact that the marriage occurred 4 months after he turned 18. Brother holds both a Jamaican and an Indian passport, was born in India, and has his US B1/B2 visa in his Indian passport. He had been in the US at the time the previous I-130 and concurrent I-485 were filed, and so we had to use his Indian passport while filling out the forms (because his I-94 was linked to his Indian passport). We did however, eventually send copies of his Jamaican passport during the process (such as the interview).

When his I-130 and I-485 were denied, he left the US and migrated to Jamaica, where he is planning on staying long-term. Our mother would like to file for him as a Jamaican national because he intends to surrender/give up his Indian nationality in a few years, but we're unsure about a few things:

  1. Will it be an issue if we fill up the new I-130 with his nationality as "Jamaican" when he previously filed as an "Indian"? Or are we supposed to put "Jamaican/Indian" in the nationality section? Note that the G-325 doesn't have enough space to put two nationalities though. I was thinking we could just put "Jamaican" then add in the cover letter that he also holds an Indian passport.
  2. Should we include in his cover letter that his step-father had previously filed an I-130 for him, and that he had filed a I-485 and just write the receipt numbers?
  3. Do we use the old Alien number he received the last time he filed for the I-130/I-485, or should we leave it blank?
 
1. No. In fact, according to Indian law, he already doesn't have Indian nationality, so "Jamaican" is the only correct answer. Nationality doesn't really matter for I-130 and I-485 anyway.
2. Not really necessary. I-485 will ask if he has ever applied for permanent resident status, to which he will mention the previous I-485.
3. Yes.
 
Ok, gonna fill out the forms with him as a "Jamaican" national. But should we add in the cover letter that he also holds an Indian passport? Isn't it important to inform them of this?
 
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