Filling Petition for Father and Siblings

[KatyF28 0]

Hello. I just really need help. I have lots of question. My dad has been petitioned before by her us citizen wife and he got approved on the dhs but when he went to the interview he got denied because when they did a background check again, they found out that my dad and moms marriage is still not over and they're still married.

So, first question, does it automatically cancelled the petitioned?

2nd - Can I still petition my father, even he is already married with somebody else?

3rd - Are we having problem during the petition?

Thank you. Please any answer will do.

[cristina16 81]

You need to be a US Citizen to petition your father.

Since he was denied, his case was returned to USCIS and should die a natural death. Only the petitioner can cancel the previous petition. How long was it?

he is still your father no matter what.

You will never know what issues may come up unless you file. For sure the previous petition is still in the system and will show up when you filed your case. Just be ready to deal with any concerns later on.

[KatyF28 0]

I had the MNL case number and when I tried to search, it won't show up. Yes, it will be in the system but we don't know if it's cancelled or not since we no longer have contact to the petitioner. We can't find her anymore. I just don't know if after the denial if it's automatic cancelled. I believe it's been 15years or more than that.

[Penguin_ie 6,002]

It doesn't need to be cancelled; you can have two different cases going at the same time.

Whether the previous denial will be an issue depends on the circumstances. If USCIS determined that he lied (said he was never married, or produced a fake divorce cert), then he may be barred from ever entering the USA due to visa fraud.