Immigrant visa application via parent after her green card was revoked

[Dan_D]

Hello,

I'd like to ask you not answer my question unless you're fairly certain that you know the answer.

My mother received a green card several years ago and immediately filed an I-130 for me, which was approved within a few weeks (I'm over 21), but I had to wait for a visa number for several years. A few months ago my mom's permanent residence was cancelled because she was not living in the US but merely visiting once a year. (technically, she voluntarily abandoned her PR status via Form I-407, but that's because it was either that or going to immigration court and losing there anyway). A few days ago my mom received an email from the NVC stating that my case is ready for processing and asking me to submit the many forms and supporting documents required for processing an immigrant visa for me.

From my understanding, my application for a green card was cancelled the day my mom's permanent resident status was revoked. Is there an exception to this rule? Is there any way by which I can somehow have the application processed?

Thank you for your time and help.
Dan

[rayb]

Dan,

If your mom no longer has PR status, your petition is invalid because the petitioner is no longer eliglble to petition and sponsor you.

An analogy may be made to petitioners who are deceased or who no longer maintain a domicile in the Philippines, both instances of which cause the petition to be cancelled. If you proceed with NVC processing, the invalid status will catch up with you later, if not sooner. As an example, the petitioner must submit an Affidavit of Support to the NVC and provide evidence that she has U.S. status of either Green Card or citizenship, both of which your mom is unable to provide. If you were somehow able to get past that barrier by subterfuge, the issue would come up during your Embassy interview.

--Ray B

Hello,

I'd like to ask you not answer my question unless you're fairly certain that you know the answer.

My mother received a green card several years ago and immediately filed an I-130 for me, which was approved within a few weeks (I'm over 21), but I had to wait for a visa number for several years. A few months ago my mom's permanent residence was cancelled because she was not living in the US but merely visiting once a year. (technically, she voluntarily abandoned her PR status via Form I-407, but that's because it was either that or going to immigration court and losing there anyway). A few days ago my mom received an email from the NVC stating that my case is ready for processing and asking me to submit the many forms and supporting documents required for processing an immigrant visa for me.

From my understanding, my application for a green card was cancelled the day my mom's permanent resident status was revoked. Is there an exception to this rule? Is there any way by which I can somehow have the application processed?

Thank you for your time and help.
Dan