Legal Question in Immigration Law in New York

Can my stepfather re-file my petition atfer denied due to abandonment for premanent resident green card,

my stepfather is married to my mother they have kids my brother is approved already and have his green card, i am the only one that fail to the deadline RFE request for evidence,

i am 18 years old , can still my stepfather apply for me again ?

Asked on 8/13/13, 5:50 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

If you just received the denial, you might be eligible to file a Motion to Reopen.

If your I-130 was approved, but your I-485 was denied, then you can just re-file the I-485, assuming your priority date is current. If both were denied, he will have to re-file the I-130, then you will have to re-file the I-485. The timing of the filing depends on if he is a LPR or U.S. citizen &/or your nationality.

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Answered on 8/13/13, 6:13 pm

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