Domicile & DNA Test

[Hassanraza 0]

My parents green card expired. They had been living overseas in Pakistan for last 5 years and they have not come to USA for 5 years.She filed a Petition for her daughter when she was in USA, after 10 Years Now I got interview call I am her daughter, after the interview they mailed me

DNA test between applicant and petitioner. Please review attached sheet, DNA instruction.

Please review the attached sheet for assistance on the matters pertaining to your petitioner’s domicile in the United States. Petitioner is required to submit a signed statement explaining exactly when she intends to return to U.S. and at which address she intends to reside.

now question is that if i take DNA test but they can object about my mother visa status?

please help me I am worried

[Anh map 2,098]

Mom's Permanent Resident status is already in trouble. She may not be allowed to enter the US if she just shows up. So your DNA test won't push the issue. Her not having a concrete plan to relocate/return to the US may impact your visa as well as mom's status.

[Hypnos 6,576]

Your parents' LPR status is gone and as such their basis for filing the petition for you no longer exists.

Edited February 24, 2016 by Hypnos

[Cathi 5,769]

your parents haven;t lived here for 5 years, your visa will not be issued

[Hassanraza 0]

So i should not give DNA test or further step?

My brother is Citizen in USA, He gave affidavit and supporting papers... any way to resolve this issue?

[Hassanraza 0]

If they will not issue visa then they should refused me during interview time, or why they are asking me DNA, although its costly too... They already know about my mother that she is ill and staying here,

[Hypnos 6,576]

It doesn't matter whether you take the DNA test or not. Your visa cannot be issued because your parents, who petitioned you, abandoned their residency.

[Hassanraza 0]

Dear

Hypnos:It doesn't matter whether you take the DNA test or not. Your visa cannot be issued because your parents, who petitioned you, abandoned their residency.

If they can not issue my visa then why they approved my petition after 11 years .....they already know my mother is not living in USA since 5 years....they should refuse and withdraw my petition.... Then i dont waste my money and time too ,,, its really hurting for me... 11 years is too long time ....

[NigeriaorBust 4,087]

They don't check the facts closely until it is time to issue your visa. If they checked 11 years ago they would have to recheck now to be sure you still qualify , why waste time and money in the first check. Your visa is to reunite you with your petitioner . However you are already united out of the US. Your parents needed to live in the US and file US taxes every year to maintain residence.

[Hassanraza 0]

My mom is age is 75 years old if she stayed there she couldn't work, my brother afford him as well if we both go there my brother will afford us... He cannot give them affidavit?or any guaranty?

[NigeriaorBust 4,087]

He could petition her which would take a year then she could repetition you which starts the wait all over. Or your brother can petition you ( again a long wait )

[Penguin_ie 5,994]

As was said, your vida was for family re-unification. It is not a "I want to live in the USA" visa, it is a "I want to live with my parents" visa; and since your parents do not live in the USA, and have abandoned their greencard, there is no need for you to move. They do not check the details on the petitioner until at/ after the interview.

Your US citizen brother can petition you, but you need to start from the beginning,withdraw from the current process and have him file a new petition. It will take many years until a visa number is available.

[Hassanraza 0]

my brother also petitioned in 2002 but my bad-luck when my mom s petition in finalize step, My brother petition also approved but our lawyer suggest to continue your mom case...If we know the end we left mother case... but can you suggest me one thing more...if my brother following his petition and other case of mother withdraw then they will give me visa or reject? because during interview visa CO asked me you have two petitioned....

Edited February 24, 2016 by Hassanraza

[Penguin_ie 5,994]

Your brother cannot take over your mother's case, and sibling visas take longer to get. However, it is worth checking on that case, seeing if it is really abandoned or just dormant and can be re-activated and taken up where it was left off. If you have a case number, you should be able to check case status online.

[aleful 1,905]

my brother also petitioned in 2002 but my bad-luck when my mom s petition in finalize step, My brother petition also approved but our lawyer suggest to continue your mom case...If we know the end we left mother case... but can you suggest me one thing more...if my brother following his petition and other case of mother withdraw then they will give me visa or reject? because during interview visa CO asked me you have two petitioned....

HI

it might be too late for your brother's petition, but he would have to act now, and with an attorney see if it is viable to reopen the case, for now the case has been considered abandoned

for F4 siblings category, immigration is working on June 2003, so if he filed for you in 2002, your priority date became current a long time ago, but it's worth a try

he has to act now, he can't wait or he will have to start over and file another i130 for your and restart the process waiting another 12 years

as others have said, you mom's petition isn't viable the moment she decided to live abroad, family petitions are for family reunification