I was hoping that I can pick up that same application and some how transfer it under my name, us citizen applying for parent, without having to file a new I-130. Is that even possible.? It has been 10 years since the initial application was submitted.
You have to file a new I-130 petition for your mother. If your mother is in the United States and your uncle's I-130 was filed prior to April 30, 2001 you will use that petition to allow your mom to apply for residency under section 245(i). If your mother last entered the US legally, then your uncles I-130 is irrelevant. Consult with an experienced immigration attorney. Good luck.
714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.
A petition is only for the person being petitioned, and, depending on the category, the spouse and minor children of that person.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
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.
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