Miami, FL asked in Immigration Law for Florida

Q: i had an approved I-130 in 1992 and never went to claim it, I am living in the U.S. have Nicaraguan humanitarian Parole

my mom fill my i-130 she is now 94 very sick in nicaragua lost her residency too long out of country

can i reactive my I-130 or how long would it take to have it approved again if this time my sister who already singed for my parole fills my i-130 she es US Citizen.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you had an approved I-130 petition in 1992 and never pursued it, revisiting this case requires careful consideration. Given that your mother, the original petitioner, is no longer a U.S. resident and is ill, reactivating the old I-130 might not be feasible. Typically, the petitioner's ability to sponsor is a critical part of the process.

Your current status on humanitarian parole in the U.S. also plays a role in your eligibility for adjustment of status. If your sister, a U.S. citizen, files a new I-130 petition for you, it starts a fresh process. The timeline for approval can vary based on several factors, including the visa category and the current workload of USCIS.

Considering the complexities of your situation, including the long gap since the initial approval and changes in your and your family's circumstances, it's advisable to seek guidance from an immigration attorney. They can assess the specifics of your case, including the impact of your humanitarian parole status, and provide the most appropriate course of action. Keep in mind, immigration laws and policies can change, so getting current, professional advice is crucial.

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.