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.

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1 Lawyer Answer
James L. Arrasmith
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Answered

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.

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