Please advices - complicated situation

[lipslikesugar 0]

situation: My brother had an approved I 130 petition made by our mother.

Our mother stayed too long abroad and lost her GC status right before my brother

s interview.

On the day of my brothe's interview the consular officer said his application was invalid because mom didn't have a valid GC anymore. My mother - a permanent resident had applied for my brother's GC.

I am a usc and already applied again for my mother's GC.

Is there anything that can be done to speed up my brother's application? or I have to wait mom get her GC for the second time, and then go through the whole processing time again with my brother?

They sent us this email after the denial:

This office regrets to inform you that it is unable to issue an immigrant visa to you because you have been found ineligible to receive a visa under the following section of the Immigration and Naturalization Act (INA):

o Section 212(a) (5) (a) - We will be returning the underlying petition in your case to the U.S. Department of Homeland Security with a recommendation that the petition be revoked. Under Section 205 of the Immigration and Naturalization Act, an approved petition can be revoked if there is good and sufficient cause. The U.S. Consulate General in Rio de Janeiro believes that good and sufficient cause supports revoking this petition on the grounds that the petition is not valid. Once the petition in your case has been returned to the U.S. Citizenship and Immigration Services (USCIS), the petitioner will have an opportunity to present additional information proving the validity of the petition. The determination to revoke the petition, or reaffirm it, will be made by the USCIS.

[milimelo 4,237]

Petition your brother and wait the 10+years it takes nowadays?

[Brother Hesekiel 2,235]

Best course of action for any permanent resident, not only your mother, is not to abuse her privileges and reside permanently in the U.S.

If she does that, you won't have any problems.

[lipslikesugar 0]

I am asking what can be done to speed up processing . Anybody here has any advices ?

[Penguin_ie 5,986]

There is nothing that can be done.

First poster gave good advice- petition for your brother now. That way, if your mother decides not to use her visa or gets denied, you save some time.

[lipslikesugar 0]

There is nothing that can be done.

First poster gave good advice- petition for your brother now. That way, if your mother decides not to use her visa or gets denied, you save some time.

Why my mother's petition would be denied? She is mother of USC and never did anything illegal .

thanks anyway.

I asked because someone told me once that they could reopen his case so he won't have to go back at end of the line again.

[Penguin_ie 5,986]

A visa is never guaranteed. It is unlikely your mom's visa would be denied. It is also possible she will loose her greencard a second time if she stays out of the USA again- she will likely be watched closely this time.

[ndu26 114]

The fact that she did nto do what is required to maintain alien status the first places challenges on the new petition. She may have to convince USCIS and maybe eventually the consulate that it will be for real this time around.

How old is your brother?

you need to factor in the processing time your peition for your mother will take and then hopefully she is successful and gets her GC, if your brother above 21years then the time differences Between her petition for him and yours for him is best covered if you file for him NOW!!!

you dnt want to lose all these time waiting for your mom to file for him only to find out your petition for her is not approved.

on another note. she can apply for RE-ENTRY document ( this is for LPRs who have overstayed their visit outside U.S.) she will then show proof of why she overstayed etc.

I hope someone here can give you the specifics for that and if she is still eligible for it.

How long ago did she lose her GC status?

[lipslikesugar 0]

The fact that she did nto do what is required to maintain alien status the first places challenges on the new petition. She may have to convince USCIS and maybe eventually the consulate that it will be for real this time around.

How old is your brother?

you need to factor in the processing time your peition for your mother will take and then hopefully she is successful and gets her GC, if your brother above 21years then the time differences Between her petition for him and yours for him is best covered if you file for him NOW!!!

you dnt want to lose all these time waiting for your mom to file for him only to find out your petition for her is not approved.

on another note. she can apply for RE-ENTRY document ( this is for LPRs who have overstayed their visit outside U.S.) she will then show proof of why she overstayed etc.

I hope someone here can give you the specifics for that and if she is still eligible for it.

How long ago did she lose her GC status?

Thanks for your reply.

I do believe they can't denied my mother's petition just because its my right as her child ho have her here and she didn't do anything WRONG . If they deny it would be a a case for a attorney .The embassy in Brazil said it would be a waist of time apply for a reentry.

My brother is 18. My mom's application is under review and should be approved any moment.

she lost her status last year.

thanks again

[Penguin_ie 5,986]

I do believe they can't denied my mother's petition just because its my right as her child ho have her here

Immigration is not a right. It is unlikely your mom will be denied, but not impossible.

Your brother will likely age out of the F2A category.

[lipslikesugar 0]

Immigration is not a right. It is unlikely your mom will be denied, but not impossible.

Your brother will likely age out of the F2A category.

But if he is a minor when the application is accepted in US we are good right?

[Penguin_ie 5,986]

It depends on priority dates.

[lipslikesugar 0]

It depends on priority dates.

Well, last time his case was sent to the NVC one year after the petition was made and the priority date was a few months after the receipt of application notice. So, if things didn't change a lot we should be good. I am always positive. Can't help it!!! it's what keeps me moving forward :) :)I don't know pessimism

thanks and have a blessed day

ps: I want my brother here so bad because he is seriously ill. He needs medical treatment ASAP . In Brazil we can't offer treatment for his condition. (its not any contagious disease - its in his brain) and my mother HAD tto overstay in Brazil to care for him. At that time we had nobody there that could help us. So, it was not intentional . We just had no choice but let her GC status go to save my brother's life.

Edited December 8, 2011 by lipslikesugar

[Karen85 2]

Well, last time his case was sent to the NVC one year after the petition was made and the priority date was a few months after the receipt of application notice. So, if things didn't change a lot we should be good. I am always positive. Can't help it!!! it's what keeps me moving forward :) :)I don't know pessimism

thanks and have a blessed day

ps: I want my brother here so bad because he is seriously ill. He needs medical treatment ASAP . In Brazil we can't offer treatment for his condition. (its not any contagious disease - its in his brain) and my mother HAD tto overstay in Brazil to care for him. At that time we had nobody there that could help us. So, it was not intentional . We just had no choice but let her GC status go to save my brother's life.

I know how circumstances has make it neccessary to go back and take care of family, Im sorry this happened to you.

[lipslikesugar 0]

Thank you do much Karen . I hope you and your family have a wonderful Christmas