Legal Question in Immigration Law in California
Will Previous denial of I-130 affect future applications?
A year ago, I had my I-130 (based on marriage to US citizen) denied and a motion to re-open was denied too. We re-filed another I-130, but it was denied as well.
Recently, we have divorced and my I-130 has since been withdrawn by my spouse. I came here on F-1 Visa. My father recently became naturalized US citizen and plans to sponsor me. Due to the previous I-130 denials, will this new I-130 be denied as well?
4 Answers from Attorneys
Re: Will Previous denial of I-130 affect future applications?
Not necesarily but this is too risky to do yourself,
if in Southern California contact us.
Re: Will Previous denial of I-130 affect future applications?
The I-130 would not be denied based upon prior denials, but you may well still have issues regarding timing and your ability to obtain status from his filing. Please email my office directly if you would like to discuss the details of your situation.
Re: Will Previous denial of I-130 affect future applications?
Although this I-130 is from your father petitioning for you, and should be judged on its own merits, if there was any prior finding of fraud in the previous I-130s (marriage only for immigration benefits), that may influence the decision to approve or deny this I-130.
If you're over 21, getting the I-130 approved is only a first step. You can't proceed to the next step for permanent residence until a visa number is available. Currently, the wait for a visa number for an unmarried son/daughter of a US citizen is at least 7 years (Jul. 8, 2002), depending on which country you're from. If you're here in the US and out-of-status because the F-1 has expired, you may be at risk for deportation at any given time. If you're still under 21, you should file the I-130 AND for adjustment of status right away. Feel free to contact my office for further assistance.
Larry L. Doan, Esq.
Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.
Re: Will Previous denial of I-130 affect future applications?
It depends on the reason. If for fraud, then your father cannot nor can anyone else ever file for your permanent residence.
For advice you can rely on and which I could provide citations for, check me out at http://www.yardum-hunter.com and write me at [email protected].
Sincerely,
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
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