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Filing I-130 Greencard petition for mother; previous petition by brother in process

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  • Filing I-130 Greencard petition for mother; previous petition by brother in process

    Hello,

    I am a naturalized citizen wanting to file a GC petition for my mother. Her brother has previously filed a petition for her in 2007. We received an I-797 notice of approval for this petition but her priority date is not current.

    I would like to file a fresh petition which would not be subject to visa number availability.

    Q1. Does the I-797 approval indicate that the application for greencard has been approve and it is only visa number availability that is needed?
    Q2. If so, is there a way for me to file linking to this petition or should I file as a completely fresh petition?

    Thank you.

  • #2
    1. I don't understand your question. Your brother's I-130 is approved. But she cannot proceed to Consular Processing or AOS on that petition until a visa number is available.
    2. It is a completely fresh petition.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      To clarify on 1. Does the 797 approval notice confirm approval and no other reviews or RFEs etc at a later stage when visa no. is avail? Asking because application was submitted using affidavits in lieu of birth certificate which was not available. I'm interested in knowing if application will be re-reviewed or scrutinized at a later point.

      Thank you.

      Comment


      • #4
        The petition is approved. There are still a lot of steps in the Consular Processing process at the NVC and the consulate, and of course they can still deny the visa if there's a valid reason. Of course, it won't get to Consular Processing based on your brother's petition if you petition her now, since it will go to Consular Processing based on your petition first.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Thank you very much for the answers.
          One more separate Q: Does the I-130 application require any photographs? The I-130 instructions only specify photo requirements for applying for a spouse. Yet some websites suggest including passport size photos of both the petitioner and the beneficiary.

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          • #6
            Originally posted by ashgc View Post
            Thank you very much for the answers.
            One more separate Q: Does the I-130 application require any photographs?
            No

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Thank you again.

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