I-130 is approved but petitioners green card is expired.

[kaybee007]

My dad when he was a green card holder in 1998 filed (submitted 1-130) for my brother. Now, after these years the pending I-130 was approved by INS and visa is now available pending the formalities like submittal of affidavit of support etc. BUT, my dad overstayed in India and his green card is now expired. However, he has a multiple entry visit visa which is valid till 2022. So, our question is can we still peruse immigration for my brother where the petitioner's (my dads) immigration status is now changed.

Thank you for your help.

Best regards

[immihelp]

No, you can't. He is no longer green card holder.