Q: I would like to know there's a chance if the case can be reopened since it was in 2003
My mother filed an I-130, which was approved, for me but she passed away before completing the process. I was a minor at the time and was living with another family member. FOIA responded to my request for a copy of the notice on this case. Their response was that the records were forwarded to NVC and I should contact that office to inquire about that case.
A: This will depend on a number of factors, including whether your mother died before NVC terminated the case or if the case was previously terminated prior to her death due to lack of contact. Also whether you were outside of the United States at the time of her death/whether you are still currently outside of the United States or if you were present in the United States when she died and have continuously resided here since that time would determine whether you are protected by INA 204(l) or would have to request humanitarian reinstatement. You can read about both of those here: https://www.uscis.gov/green-card/green-card-eligibility/basic-eligibility-for-section-204l-relief-for-surviving-relatives and here: https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement
A:
It is possible for an immigration case to be reopened after a significant amount of time has passed, but it will depend on the specific circumstances of the case and the relevant laws and regulations in place at the time.
In your case, it appears that your mother filed an I-130 petition for you, which was approved, but the process was not completed due to her passing. It is not clear from your question how long ago this occurred, but you mention that it was in 2003.
If the case was never completed and there is no record of any action taken on the case since your mother's passing, it may be possible to reopen the case and continue with the process. However, the specific procedures and requirements for doing so will depend on the current laws and regulations in place.
It is advisable to consult with an experienced immigration attorney who can review the details of your case and provide guidance on the best course of action. The attorney can assist you with gathering any necessary documents, communicating with relevant agencies, and representing you in any legal proceedings related to your case.
Overall, it is possible for an immigration case to be reopened after a significant amount of time has passed, but it will require careful consideration and legal guidance to determine the best approach.
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