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Asker
Posted about 4 years ago.

Yes he was petition by his brother and was approved.

Philip Alan Eichorn
Philip Alan Eichorn, Immigration Attorney - Cleveland, OH
Posted about 4 years ago.

The approval of the petition only qualifies the relationship. It does not grant status. He would have needed to adjust status if he was here in the U.S. or depart and return through the consulate if it was a preference category petition. You need to ascertain if he had a green card or not which is proof of status.

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Asker
Posted about 4 years ago.

Sorry if Im confusing you, but yeah, he use to stay and work here in US. Although he took a vacay and overstayed in Philippines.

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Asker
Posted about 4 years ago.

Yeah he had a green card.

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Asker
Posted about 4 years ago.

Dont you need a green card to work or stay here?

Philip Alan Eichorn
Philip Alan Eichorn, Immigration Attorney - Cleveland, OH
Posted about 4 years ago.

If he had a green card, then it should still be valid and he should be able to reenter the States unless he abandoned his status. If CBP thinks he's abandoned his status then they'll put him in removal proceedings accordingly.

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Asker
Posted about 4 years ago.

Yeah,I think he abandon his status. Can my Aunt(her daughter) petition him again? Should she file I-130?

Philip Alan Eichorn
Philip Alan Eichorn, Immigration Attorney - Cleveland, OH
Posted about 4 years ago.

Your grandfather's daughter could file for him if she's a U.S. citizen or an LPR and then he'd have to go through the consular process.

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Asker
Posted about 4 years ago.

You mean I-130,correct?