My father is a green card holder. He filed petition I 130 for unmarried children aged over 21 years old.my father visit to his country and over stayed for 1 and half years without having a permit to over stay. During his over stay My siblings had an interview about this petition. They didn't get the visa. And the petition sent back to USCIS.After the interview they got married. after 2 years now uscis send a letter to my father Stating to show the attested copy of his green card or if he returned to us on SB1 show the stamp on his passport.
He wants to return back to US. My question is if he got SB1, my siblings will still get the immigrant visa or not. Should my father come back to us for his children sake or not.
Pls advice as soon as possible.
You need to go speak to an immigration attorney in your area who can sit with you and discuss in detail all of the issues that are present in your situation. Although avvo is a great tool for many people with general legal questions, your question is in need of specific attention. Best of luck.
This answer does not create an attorney-client relationship.
Based on the information you have provided, it does not appear that your siblings are eligible, or will be eligible, to receive immigrant visas based on your father's previously filed I-130 Immigrant Petitions. Please schedule a consultation with an immigration lawyer for additional information and assistance.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
There is no category for the married children of LPR , so as soon as they got married they got out of category and not eligible for the immigrant visa( not because of your father, because your father is still LPR and your siblings got married and there is not such a category for married children of LPR regardless of their age). However if your father becomes an American Citizen , then would be able to apply for your siblings under category F3 which takes years ( check Visa Bulletin ) that a visa becomes available for them.
I agree with the other attorneys answers. This petition will not be approved as their is no category available for a LPR father requesting a married child over the age of 21. I think it is very important that you consult with an immigration attorney in your area to receive further assistance with this matter
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