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My sister had a green card. when she was in USA she applied for her unmarried son above 21 years of age. for some reason she could not stay in USA. So her green card got canceled. Her son also got married. My sister no longer lives in USA. Now we got a letter saying the petition for green card is approved. Visa number yet to come. My question is, how to proceed further? what is the law to get the green card for my nephew?
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You seem to have couple of issues on this application. First, a petitioner with a cancelled Green card and second, a married beneficiary (son) of a green card holder if we were to assume that she still holds one. There is no category defined for a LPR petitioning a married son therefore I believe that his application in void under such circumstances and he needs to look to other avenues to immigrate to US. Just to be on the safe side, please consult a lawyer on this matter as well. I was in this situation back in 1991. I had to wait till my mother became a US citizen in order to be able to apply once again for a green card. -
Thank you, mt2644
Thanks for your reply. Yes, I have gone thru all the possibilities and various information from the web. You are right. I am in the process of consulting a lawyer just to convince my sister.
Originally posted by mt2644 View PostComment
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Your nephew is no longer eligible for the green card petitioned by her mother. That application is void now, even though they say they approved it.
He will have to find the way to get the green card on his own.Immihelp Support
No legal advice. Use at your own risk.
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