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Do I have to file another I-130?

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

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Attorney answers 4


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 the attorney, nor does the answering of this question create an attorney client relationship.


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 client attorney relationship is not created. For a free consultation call (646) 253-0516.


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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


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 relied upon to address a legal concern.

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