Old I-130 Petition Reopened and Approved

Recently, I helped a client reopen and get an approval of an old I-130 petition that had been denied on the basis that the client failed to respond to a notice for evidence that was sent to her back in 2009.

The client had petitioned for her brother (Fourth Preference category) from India prior to April 30, 2001 (which date is important for adjustment of status under INA section 245(i) ). However, while the petition was pending, former INS (now known as USCIS), mailed the petitioner a notice requesting additional evidence. When the petitioner client didn’t respond in time, INS denied the petition.

The client went to several lawyers between 2009 and 2015, all of whom were either unsuccessful in helping my client, or informed her that nothing could be done and that she would have to start over with a new petition. Having waited for a very long time for the Fourth Preference priority date from India to be current, my client did not want to start the process all over again, because it meant her brother would have to wait a very long time for a new petition to be approved .

She came to me for advice in 2015. After I discuss the situation with her in full detail, I offered her my assistant to try to revive the I-130 petition she had filed. I told her it was not going to be easy, but that it was worth a try instead of having to start all over again. I contacted the appropriate authorities with detailed facts, evidence, and legal arguments. Six months later, we received a notice from USCIS that it had reopened my client’s I-130 petition and a few weeks later, we received the approval notice in the mail!

Now, the priority date for the approved I-130 petition is current, which means my client’s brother (primary beneficiary), his wife (a derivative beneficiary), and their son (also a derivative beneficiary) can all seek to adjust their status in the United States under INA section 245(i)!

I cannot wait to see them become lawful permanent residents of the United States! Soon, hopefully!

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Ruchi Thaker

Ruchi Thaker is New York City-based immigration attorney with extensive experience and excellent reputation for effective legal representation in simple and difficult immigration cases. I have experience in areas of deportation defense (criminal and non-criminal), federal court litigation, representation on appeals and motions with the immigration courts and the Board of Immigration Appeals, family-based immigration, asylum, naturalization, and consular processing.