I-130 is revoked. Please HELP !!!

A

arik19

New Member
I have an approved I-130 with the priority date of Dec. 1996. My mother (Permanent Resident) was a petitioner, but she passed away right after petition was approved. It just came to the attention of INS that petitioner is diseased and the case was automatically revoked in accordance with 8 CFR 205.1 (a)(3)(i)(c).
In March 2005 my father (US Citizen) filed a new I-130. In 2001 I came in the US on H1B visa, which was expired in July 2004. Because my father is the only relative of mine, I decided to stay with him in the US.

What can we do in this situation?
Can my father file a humanitarian reinstate of my status based on my mother’s petition? What are the chances of positive outcome?
What documents will we need to present in this case?
Will I be able to get a green card within the US if I wait till my father’s petition will be active?
Does anyone have the same situation with a diseased petitioner and possibility of humanitarian reinstatement of status?

Thank you.
 
arik19 said:
I have an approved I-130 with the priority date of Dec. 1996. My mother (Permanent Resident) was a petitioner, but she passed away right after petition was approved. It just came to the attention of INS that petitioner is diseased and the case was automatically revoked in accordance with 8 CFR 205.1 (a)(3)(i)(c).
In March 2005 my father (US Citizen) filed a new I-130. In 2001 I came in the US on H1B visa, which was expired in July 2004. Because my father is the only relative of mine, I decided to stay with him in the US.

What can we do in this situation?
Can my father file a humanitarian reinstate of my status based on my mother’s petition? What are the chances of positive outcome?
What documents will we need to present in this case?
Will I be able to get a green card within the US if I wait till my father’s petition will be active?
Does anyone have the same situation with a diseased petitioner and possibility of humanitarian reinstatement of status?

Thank you.
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If your father filed a new I-130 for you, why would you need the previous one? I-130 from a USC gets approved ~3-4 months and you should have got it approved a few months ago. Also, your illegal stay would be forgiven. Check with USCIS as to what the status of your I-130 is.
 
if he is over 21, he is not an immediate relative of USC.

"The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the application filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. The relatives in the remaining categories must wait for a visa to become available according to the following preferences:

First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older."

http://uscis.gov/graphics/howdoi/lpreligibility.htm

Since he is not an immediate relative, his illegal presense is not forgiven.

"You may be ineligible for adjustment to permanent resident status if:

You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:

You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old)."
 
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