Legal Question in Immigration Law in California
My Mother has filed a pettition for my brother who has been here for last 27 years
due to my mother illness. Immgration has called my mother for interview unfortunately she has gone back to her country due to her age and illness she has missed her appoinment.
My brother pettition is not denied but immgration wants more information. Yes I am citizen can we change his pettition from form 1-130 to 1-485 for the permenant residency Through me.
1 Answer from Attorneys
Your brother's petition is in jeopardy. Your mother must be domiciled in the U.S. or intend to return here, otherwise, his petition cannot be approved. That's probably why they called her for interview. The fact that she missed the appointment doesn't bode well and the RFE must be responded to with information to support approval, otherwise, he will have further very long wait for immigration, unless through your mother and she is domiciled or will return.
If the petition was not filed before 4/30/01, or he didn't have another petition or labor certification filed before then and he's not in the U.S. legally, then removal proceedings could also commence against him. This is serious. Your mother should return to the U.S. before submitting the response to the RFE - if her whereabout are being requested - or face long, possibly devastating effects. Your brother and mother need legal advice and they need it fast.
For more information, feel free to contact me at 818 609 1953 or [email protected].
Alice Yardum-Hunter
Certified Specialist, Immigration & Nationality Law, State Bar of CA
"Super Lawyers" Designation, "Los Angeles Magazine", 2004-2009
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