Legal Question in Immigration Law in New York

The grandathers death probably voids the visa. But if

it was already processed INS might not catch it. But don't worry you can petition for him as a spouse and the old petition will "grandfather" him so he can Adjust bases on your petition. In other words so long as he had filed a petition before April 2001 he can adjust status with a new petition even if the old one was denied

The previous answer is not correct.

It's not clear whether your husband is considered "grandfathered" under the petition filed by his Aunt for his Grandfather. If she was a USA citizen filing the I-130 for her father, then not even your husband's father (and not your husband) was included and covered by that old I-130. ONLY a late grandfather was covered by that I-130 petition. Which would mean that your husband is not "grandfatrhered" and not afforded protection of the 245(i). Therefore, not eligible for adjustment of status in USA.

I suggest you discuss your situation with a konwledgeable immigration attorney (not a 'notario').

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

It will be important to find out how exactly your husband entered USA. with a few exceptions, he might be covered by a petition filed in 2001 even if it wasn't approved, and now you, as a U.S. Citizen can petition for him.

Contact an immigration lawyer to fully evaluate your case, to make sure it is exactly as it seems right now, and then you can file a petition for him for green card.

If you need assistance, you can contact our office.

Good luck.

Are you asking about your husband�s father's position or your husband�s position?

Does this person have a passport? Did he ever have a passport?

First of all, if he has no paperwork then he cannot prove his identity. Secondly, because his father obtained the green card and did enter the USA that green card was never activated so it void.

Once a person is granted a green card and they are out of the US then must enter the US in order to accept the green card (activate it).

When they arrive at their port of entry in the US the paperwork that the local US Consulate in his own country gave him will then be given to the border control who will process it and his green card along with a social security card. this will later be mailed to him.

Because his father never entered the US that green card was not accepted.

Patricia Martin-Gibbons