My parent got their immigrant visa stamped last year in August 2013. My mother got sick and could not travel so their immigrant visa got expired in Dec. 2013. Before expiration we asked the US Embassy in Pakistan and they said they can send their passports with the packet they received from the Embassy, when they are able to travel and they can re-issue the visa after reviewing it. They said they might need new medical and police report etc. Now my parents want to travel and they send their passports and the packet to the Embassy but now they are saying that I have to apply for their I-130 petition again. Is that true? Can they get the visa stamped without going through the whole I-130 petition again since it was already approved?
Contact a US immigration attorney for assistance. You will have to check with the NVC to see if they still have the I-130 and renew the process from there. If they do not have the I-130, you will have to get the I-130 transferred back to the NVC from USCIS. You do not have to re-file the I-130, you have to find out where it is and get it back to the NVC for processing. You will have to re-file the NVC forms (and most likely pay the NVC fees again).
Hire an attorney to figure out where the petition is and how to proceed.
The answer provided is for general information purposes and cannot be relied upon. In order to provide legal advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.
This is not a yes or no answer, In order to determine what exactly they need to do, an immigration attorney should review their visa, documents and other facts prior to filing a new I-130.
An immigrant visa may be replaced during the fiscal year in which the original visa was issued, or for immediate relatives, in the following fiscal year, if the alien establishes to the satisfaction of the consular officer, that he was unable to use the original immigrant visa during the period of its validity because of reasons beyond his control and for which he was not responsible: Provided, that the immigrant is found by the consular officer to be eligible for an immigrant visa and the immigrant pays again the statutory fees for an application and an immigrant visa.
The key issues under your facts are when the immigrant visa was issued and when the disability preventing travel was resolved. The answer to those questions will determine whether a new immigrant visa can be issued or if you will have go through the re-petition process (i.e file new I-130's). If the latter, you will not be able to use your original I-130 petitions. Consult with an immigration attorney who has experience in dealing with complicated consular issues such as this for assistance.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.
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