Can I use a twenty year old petition to migrate with my family? 11 Answers as of December 07, 2011
My late grandfather, a US citizen, filed a petition for my whole family 20 years ago. My question is that while we were petitioned we migrated to Canada. My parents moved out from Canada to migrate to US and with my mom's nursing profession, she was given a green card together with my dad and minor brothers. I wasn't included due to over age. My grandfather petitioned my parents when I was a minor. I'm an adult now, married and a Canadian citizen. I wanted to migrate to the US. Can I use my grandfather's petition to migrate? It is a twenty years old petition. My grandfather is deceased. I'm 32 years old with a family.Free Case Evaluation by a Local Lawyer!
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Pacifica Legal Services | Floyd Fernandez
It may be possible. Since the petition was granted, and you were made an adult child, derivatively, of your parents, and derivatively qualified through your grandfather, you could qualify to adjust status. Your priority date has no doubt passed, which allows you to adjust.
Answer Applies to: California
Replied: 12/7/2011
Law Offices of Svetlana Boukhny | Svetlana Boukhny
NO. It is no longer valid. The petitioner is deceased and you do not qualify anyway because of your age.
Answer Applies to: California
Replied: 11/30/2011
Feldman Feldman & Associates, PC | Lynne Feldman
Your Mom would have to file for you but if you are in the U.S. and need 245(i) your grandfather's petition could help for that.
Answer Applies to: California
Replied: 11/18/2011
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
You will have to start over. Since your grandfather was the sponsor, his death ends the sponsorship even if it was still pending before USCIS. It may be a benefit to do a FOIA request to see if there is anything still pending in your file.
Answer Applies to: Texas
Replied: 11/14/2011
World Esquire Law Firm | Aime Katambwe
I don't think so, but that petition can be used for 245i purposes. Not much more than that. Section 245i allows those in the US without a visa or legal entry to process their immigration visas within the US without the necessity to leave the US as another law requires. But you have to have visa whose priority date is available in order to do so or be someone's immediate relative.
Answer Applies to: California
Replied: 11/11/2011
Avrin & Regolsky | Estelle Regolsky
When the petitioner died the petition was automatically revoked. There are provisions in the law for humanitarian reinstatement under certain conditions for overseas beneficiaries when the petitioner dies and there was also a 2009 law that provided some relief for beneficiaries living in the U.S. but you would not qualify under either one. Your mother could have petitioned for you when she got her green card if you were unmarried, or when she became a U.S. citizen if you were married. She can still do that but there will be a long wait for the visa.
Answer Applies to: Massachusetts
Replied: 11/11/2011
Joseph Law Firm | Jeff Joseph
Under the immigration laws, you have one year to act on an approved immigrant visa or the visa becomes invalid. Someone in your family may be able to petition for you now, but you would have to begin the process from scratch.
Answer Applies to: Colorado
Replied: 11/11/2011
Law Offices of Linda G. Dapaah, PC | Linda Dapaah
Unfortunately, you most likely cannot. At the death of the petitioner, the petition automatically lapses. There is a procedure to have someone else act as the sponsor for a deceased petitioner, however, you most likely would have been included in your grandfather's petition as a dependent child under the age of 21 years of a parent. Since your status is clearly no longer the same, it is unlikely that you can proceed with that petition.
Answer Applies to: Virginia
Replied: 11/11/2011
Christian Schmidt, Attorney at Law | Christian Schmidt
No, you cannot use that petition for multiple reasons.
Answer Applies to: California
Replied: 11/10/2011
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
If your grandfather received a greencard before 1977 there might be a chance under the Western Geographic Priority Dates.
Answer Applies to: California
Replied: 11/10/2011
Law Offices of Grinberg and Segal | Alexander Segal
There are several reasons why you cannot use the petition filed by your grandfather. First, upon your grandfather's death any petition he filed was automatically revoked. As such, if you did not receive lawful permanent residence prior to his death, you cannot continue on the petition. Second, you were a derivative beneficiary of the petition and therefore, could only receive immigration benefits if the primary beneficiary received benefits. At this point, your only option to immigrate to the United States appears to be through a preference petition filed by your mother or father. You will be required to wait several years for an immigrant visa to come available.
Answer Applies to: New York
Replied: 11/10/2011
