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I-130 petition without my knowledge

Dallas, TX |

I just found out that my brother petitioned for me an I130 without my knowledge ten years ago. He said he knows these things take forever so he did not want my hopes up. The problem is I have a tourist visa and in the form I wrote that I have never petitioned for a US GC. Have I done something illegal? Will my I-130 be revoked know when the priority number becomes valid? I have never stayed over my visa limit. I only used the tourist visa for short vacations.

Attorney Answers 3


  1. You should be fine as this is not an immediate relative petition and currently they are processing 2001 so unless yours was filed near that time you have a long wait. You should in future put sibling petition filed if it asks that


  2. Contact the consulate and inform them Explain the situation and see if they allow you to keep the visa. You will be wise to do that.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. If you truly didn't know, then you didn't know.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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