My father in law became perm res. In 1993
He filed for my wife as unmarried daughter/under 21 in 1994
I-140 was approved
He never filed for I-485 not knowing that it had to be filed.
We got married 1998 – and everyone said that petition is dead as she is married now and over 21
My f-in-l became us citizen in 2003 and filed for another petition for my wife as married daughter/us citizen/over 21
Petition was approved recently
Last month we received a letter from Ins revoking the initial I-140 approval filed in 1994 and she is married now.
According to 245i we should still be able to grandfather in even it was revoked as it was "approvable when filed,"
We want to file for our 485, including me as an after acquired family and grandfather the old priority date ( 1994).
My lawyer is saying that it will be denied as the 1994 petition was later revoked and he wants to file a letter to HQ instead asking for the revocation to be suspended. Because INS should have change the category to married daughter of US citizen instead of revoking it all together.
My question is, it is very clear that the revocation doesn’t count on family based filing as 245 I supports "approvable when filed," and thus we should be able to grandfather in.
Can I get an expert 2nd opinion on this from someone please?
He filed for my wife as unmarried daughter/under 21 in 1994
I-140 was approved
He never filed for I-485 not knowing that it had to be filed.
We got married 1998 – and everyone said that petition is dead as she is married now and over 21
My f-in-l became us citizen in 2003 and filed for another petition for my wife as married daughter/us citizen/over 21
Petition was approved recently
Last month we received a letter from Ins revoking the initial I-140 approval filed in 1994 and she is married now.
According to 245i we should still be able to grandfather in even it was revoked as it was "approvable when filed,"
We want to file for our 485, including me as an after acquired family and grandfather the old priority date ( 1994).
My lawyer is saying that it will be denied as the 1994 petition was later revoked and he wants to file a letter to HQ instead asking for the revocation to be suspended. Because INS should have change the category to married daughter of US citizen instead of revoking it all together.
My question is, it is very clear that the revocation doesn’t count on family based filing as 245 I supports "approvable when filed," and thus we should be able to grandfather in.
Can I get an expert 2nd opinion on this from someone please?