My mom and dad's case

[Sim14 0]

Hi All,

I hope everybody is doing well.

This is the back ground of our case:

My mother moved to US under F4 (based on petition filed by her brother) category in 2001 but my father decided to stay in India at that time because of his job and family matters. My mother became US citizen in 2009. In 2008, my father received an interview letter from the US embassy in New Delhi based on that same case (without any action being taken from our side), he went for the interview and even paid the visa fees but was missing some documents, so he was told to come back when the documents had been prepared. After that time, my dad again changed his mind and decided he didn’t want to pursue that case. But now he is interested, so we contacted the Indian Embassy, and according to them, since my mother has become a US citizen, he is no longer eligible to benefit from the original F4 category case as a derivative beneficiary and my mother would have to file a new case under the CR1 category. My uncle, who had originally filed the petition, passed away in 2008.

I would like to seek any advice or suggestion anybody may have in this case. Do my mother need to file a new case for my father or is there any way my father can come to the US based on the previous case under which my mother moved to the US.

Thanks

[aaron2020 11,652]

Hi,

Your mother needs to file a new petition.

The original petitioner is dead. The beneficiary is no longer an LPR. There are two reasons the old petition is no longer good.

[NikLR 13,234]

Yes your mother has to file and I-130 an start the IR1 path for your father to move to the USA.

Edited June 30, 2014 by NLR