I-130 revoked 8 CFR 205.1(a)(3)(i)(I)

[Nomanahmed]

Dear all members;
I need your help and expert advice,my I-130 has been revoked , please help me below is my case detail


Petition filed when petitioner was on LPR(Green Card)
Date Action Remarks
5-Oct-02 Receipt Notice Applied for immigration under the category F2B
25-Aug-05 Approval Notice USCIS approved petition and send approval notice
7-Nov-08 Petitioner update the record by written application to NVC for marriage status Write letter from petitioner to NVC to update the record
9-Dec-08 NVC sent letter that Case revoked.
The NVC has received notification that the beneficiary of the case is now married. The case must be withdrawn, as he or she is no longer eligible under the existing visa category. Another petition may be submitted when the petitioner is a USA citizen. As we will be returning this petition to the U.S Citizenship and immigration series (CIS-formerly known as INS) , any further inquires should be directed to the CIS office.







21-Apr-09 Petitioner got USA Nationality Petitoner got citizenship
23-Oct-13 Filied new petition Status is under Review

[newacct]

Dear all members;
I need your help and expert advice,my I-130 has been revoked , please help me below is my case detail


Petition filed when petitioner was on LPR(Green Card)
Date Action Remarks
5-Oct-02 Receipt Notice Applied for immigration under the category F2B
25-Aug-05 Approval Notice USCIS approved petition and send approval notice
7-Nov-08 Petitioner update the record by written application to NVC for marriage status Write letter from petitioner to NVC to update the record
9-Dec-08 NVC sent letter that Case revoked.
The NVC has received notification that the beneficiary of the case is now married. The case must be withdrawn, as he or she is no longer eligible under the existing visa category. Another petition may be submitted when the petitioner is a USA citizen. As we will be returning this petition to the U.S Citizenship and immigration series (CIS-formerly known as INS) , any further inquires should be directed to the CIS office.







21-Apr-09 Petitioner got USA Nationality Petitoner got citizenship
23-Oct-13 Filied new petition Status is under Review

What do you need help with?

Everything seems correct. The old petition is dead since the beneficiary married before the petitioner became a citizen, and there is no category for married children of permanent residents. You said a new petition was filed, and it will be in the F3 category (married children of citizens) assuming the beneficiary is still married, and the wait in F3 is about more than 12 years (much longer for people born in Mexico or the Philippines), so you can expect it to be current 12+ years from when the petition was filed in 2013 (so maybe around 2025-2026) if the wait remains steady.

[Nomanahmed]

What do you need help with?

Everything seems correct. The old petition is dead since the beneficiary married before the petitioner became a citizen, and there is no category for married children of permanent residents. You said a new petition was filed, and it will be in the F3 category (married children of citizens) assuming the beneficiary is still married, and the wait in F3 is about more than 12 years (much longer for people born in Mexico or the Philippines), so you can expect it to be current 12+ years from when the petition was filed in 2013 (so maybe around 2025-2026) if the wait remains steady.

One of Attorney told me that

" You don?t need it reopened on humanitarian reason, I would reopen it based on government error (though it was also your fault for not notifying NVC that your father naturalized)."

Please tell me is it correct ? can attorney help me as he/she saying?

Regards
Noman Ahmed

[newacct]

One of Attorney told me that

" You don?t need it reopened on humanitarian reason, I would reopen it based on government error (though it was also your fault for not notifying NVC that your father naturalized)."

Please tell me is it correct ? can attorney help me as he/she saying?

Regards
Noman Ahmed

If your father naturalized before you got married, then the old petition should still be alive, it just moved from F2B to F1 to F3 category.

If your father naturalized after you got married (as it sounds like from your timeline), the old petition is dead; there was no error.

[Nomanahmed]

Can I go for Humanitarian basis

[newacct]

Can I go for Humanitarian basis

I believe humanitarian reinstatement is only for when the petition is revoked because the petitioner died, which is not the case here.