Asked in Immigration Law for New York

Q: Can USCIS hold an approved I-130 and not sent it to NVC because there is another I-130 pending ?

I have a sister whose I-130 application is still pending and in the last congressional inquiry we made for her case, USCIS said they are holding my approved I-130 from being sent to NVC because my sister case is pending and they want to send both cases together. Can they do that because my case is CSPA sensitive while my sister's isn't( she is under 21 years old )

Related Topics:
1 Lawyer Answer
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: USCIS is generally attentive to CSPA issues. There could be other factors involved, but without knowing who filed the petition on your behalf it is hard to say what those might be. If the petitioner is a USC parent, then then your age “froze” either when your petition was received by USCIS or when your LPR parent became a citizen. We recommend you consult with an immigration attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.