Do I have to file another I-130?

Asked about 1 year ago - Cedar Rapids, IA

My Mom was issued an immigrant visa on 2010 based on I 130 application i filed for her on 2009.
she wasn't able to make it to the States during the time of her visa validity.
I send her visa packet back to the embassy to renew the entry visa.
the embassy refused to renew the visa and their reasoning was because its been 3 years since it expired.
this kinda of left me confused, I don't know what i should do in this case.not sure if the USCIS will re-approve her already approved I 130.
I appreciate any ideas and suggestions on this matter

Attorney answers (4)

  1. Gunda Johanna Brost

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Dear Asker: Unfortunately, since three years have passed since the visa's validity, you will need to refile the I-130 and begin all over again from the start. And yes, you will need to pay all the fees over again, there is no way around it. On the bright side, you probably still have a lot of the documentation from the previous filing. You may consider having an attorney assist you this time around to make sure that no unnecessary problems like these arise again. I'd be happy to answer any further questions you may have (My office is only about 40 minutes from you). Good luck!

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be... more
  2. Pablo Husayn Nossa

    Contributor Level 17

    4

    Lawyers agree

    Answered . Yes. You will need to repetition your mother.

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes, definitely under the facts. You will need to file a new petition on your mom's behalf and of course, pay the fee again.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. Irene Vaisman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You need to start the case all over again and file a new I-130

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a... more

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