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Approved i130 but didn't receive in timely manner , missed priority date . will i have to start over ?

Boston, MA |

was under 21 when my mother who was then a green card holder filed a i130 petition , however we never received the approval notice because the post office would not deliver the mail if mailbox was broken . my mom no longer had legal council so she didn't know she needed to call and check info just assumed it took that long , as an adult i started researching and was able to obtain a copy of the approval letter and was told by uscis to contact the NVC . i received a reply that the documents where destroyed I'm assuming we took too long to response . my mother is now a us citizen , are we able to resubmit s new i130 ? can we have uscis send the original back to the NVC ? please help because my self and 3 of my sisters are in the same situations and have been in this country for over 15 - 20 years .

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Attorney answers 4


Provided that you were under 18 and unmarried when the application was filed, if you still have your mother's original application and you are named on that application, you may be able to keep that priority date. Please contact an experienced Immigration Attorney for assistance. It is a very complicated matter.


Consult with an attorney to review your documents and history.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


I agree with my colleagues.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

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.


Unfortuntately you will have to start over with a new I130 petition. The NVC terminates the petition if no action is taken in a timely manner. If you and your siblings are under 31 (as of june 15 2012) entered the US prior to your 16th birthday, resided in the us for 5 years continously since June 15 2007 and are in school or graduated from high school or obtained your GED then you may qualify for Deferred Action For Childhood Arrivals. Contact an experienced immigration attorney to discuss this option. Your mom can also file an I130 petition for you. It will not hurt you to do both.

This advise does not create an attorney-client relationship.