Legal Question in Immigration Law in California

Is it true that I-130 petition may be denied for beneficiary older than 70 years old? My mom is planning to petition her mom here. She previously immigrated to the US about 10 years ago and left. Her green card has expired since.


Asked on 8/21/09, 1:35 pm

1 Answer from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Anyone regardless of age can be inadmissible. It has nothing to do with age. Admissibility has to do with having contagious diseases, likelihood of becoming dependent on the government to live, having a certain criminal record, etc.

I wouldn't be concerned that your grandmother would be denied due to age itself, though there could be other reasons she might be denied. For older people this could occur, for example, as a result of an expensive medical history and little means of support. She would need your mother to sponsor her and if necessary, supplement it with others who would be willing to support her if she needed it in order to not be a public charge. There are other examples having nothing to do with illness or support. This just happens to be a common one for older people.

To learn more, feel free to write me at [email protected], call 818 609 1953 or visit: http://www.yardum-hunter.com

Sincerely,

Alice M. Yardum-Hunter, Certified Specialist

Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

A "Super Lawyer" 2004-2009, Los Angeles Magazine

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Answered on 8/21/09, 2:52 pm


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