sponsor brother

manny73

Registered Users (C)
#1
I am in the process of sponsoring my brother. My brother was on a H1b visa. He lost his job and visa. He overstayed for a few months and then went back.

He had a Green Card petition, and the petition also got cancelled after he lost his job. Do we need to answer Yes or No to the question on I-130 that have you ever been on the immigration proceedings?

thanks
Manny
 

Triple Citizen

Registered Users (C)
#2
If an I-140 was submitted for him, then answer "Yes"

I am in the process of sponsoring my brother. My brother was on a H1b visa. He lost his job and visa. He overstayed for a few months and then went back.

He had a Green Card petition, and the petition also got cancelled after he lost his job. Do we need to answer Yes or No to the question on I-130 that have you ever been on the immigration proceedings?
 

manny73

Registered Users (C)
#4
Yes because the cancellation of the I-140 application falls under Rescission
No....there was no I-140 filed for him. Only the PERM labor application was filed, and he lost his job after that. So does that means there was no immigration proceedings??
 

Jackolantern

Registered Users (C)
#5
Answer NO to that question if he simply left the US on his own without having any kind of an immigration hearing or being notified of proceedings against him.
 
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