Will I be able to reside in the United States under my father's name? 2 Answers as of July 27, 2011

My father migrated to the US over 20 years ago and he died before applying for my brother & I am now 40 years old. Can I file to reside in US under his name? Originally my father was from Barbados.

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Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
if he had filed an I-130 for you, you could argue to get it re-instated and this would have to be under humanitarian grounds and within a certain time period form when he died. If no I-130 filed then no you cannot file under his name.
Answer Applies to: Florida
Replied: 7/27/2011
Fong & Associates
Fong & Associates | William D. Fong
If he did not petition for you, then you were not granted US permanent residence.
Answer Applies to: Texas
Replied: 7/26/2011
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