Question about abandoned family based immigrant visa petition

[kukku]

Hello All,

I am looking for some guidance w.r.t to the following question.

My mother-in-law's siblings are US citizens (They emigrated from India over the last 30 years). In 2009 one of her brother had filed a 'immigrant visa petition' for my mother-in-law. But she didn't pursue it further as she was planning to settle in India. But now she is wondering whether it would be possible to immigrate.

According to the current rules, is it possible to pursue a immigrant visa via the same route (sibling) now? She is nearly 60 and he brother also in 60-65 age range.

I don't know what other details is relevant in this situation.

[newacct]

According to the latest visa bulletin, assuming your mother-in-law was born in India, a visa number is not yet available for a petition in the F4 (sibling) category for her filed in 2009. Visa numbers are only available right now for F4 for people born in India with priority dates in 2005. So most likely nothing was "abandoned" and the petition is still waiting for a visa number to become available, which will take a few more years.

[kukku]

Thank you for the reply.
We recently raised a support case with USCIS and received this response back. Sorry for not mentioning in my initial post.

"""The referenced application for an immigrant visa went through the termination process and was destroyed in accordance with INA 203(g). An alien's registration for an immigrant visa shall be terminated if, within one year after notification of the availability of an immigrant visa, the applicant fails to apply for an immigrant visa."""

So the petition was abandoned. My question is that whether it is possible to restart the application now or are there any age limits that prevent us from doing so.

[newacct]

That's weird. It should not be revoked if the visa number is not available. There must be some misunderstanding here. Was 2009 the date the I-130 was filed? or when it was approved?

[kukku]

It was the date filed. I don't think anything was approved.