Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION: My father is a US citizen. He filed an I-130 application for me in 2012, which was approved in 2012. At the time I was unmarried, but I got married in 2014. My father is 92 years old and since my I-130 changed from the F1 category to the F3 category, I am worried that he may no longer be here by the time I can apply for a visa. Is there any way to expedite our application, based on my father’s age?
THE IMMIGRATION ANSWER MAN – ARI SAUER: Unfortunately, there is no way to expedite the wait for a visa to become available for an immigrant petition. It is entirely based on what preference category your petition falls into, the priority date for that petition, and your country of chargeability. There is no way to jump ahead in that line.
Your father should hopefully live for a very long time. But since you are concerned about what would happen should he pass away before you are able to become a US permanent resident based on his petition, you should know that in certain situations a petition can be reinstated if it becomes revoked due to the death of the petitioner. You can learn more about reinstatement of an immigrant petition from my previous blog post on this topic: https://immigrationanswerman.com/2012/04/10/if-my-i-130-petitioner-dies-can-i-have-the-i-130-reinstated/
Published 10/8/18 by attorney Ari Sauer.
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Submit questions to Ari Sauer – The Immigration Answer Man by emailing your question to email@example.com. Questions submitted by email may be posted on this site, without personal information, unless the email specifically requests that we not use the question for this site. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship. * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not be current or apply to your particular situation. Readers are cautioned to schedule a consultation with an immigration lawyer rather than relying on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.