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Is a U.S. Citizen petitioner, who petitioned for his daughter as a primary beneficiary, while residing in the U.S., required to reside in the U.S. after submitting the petition all the way through the beneficiaries interview, for the petition to be valid?
My grandfather requested my aunt (his daughter) while living in the U.S. However, for the past three years, he has been living in Colombia. When my aunt went to the U.S. embassy in Bogota, Colombia for her interview, they told her that the petition is invalid because my grandfather has been living in Colombia and that the purpose of the I-130 petition was to reunite family members and if he's been out of the country (U.S.), then it defeats the purpose. Consequently, my aunt's visa was temporarily denied.
Is their a legal basis for requiring my grandfather to reside in the U.S. even though he is an American Citizen and petitioned for my aunt from the U.S.? Is there a federal regulation stating that U.S. Citizen petitioners are required to reside in the U.S. all the way through the beneficiary's interview process?
Any feedback would be greatly appreciated. Thanks!
My grandfather requested my aunt (his daughter) while living in the U.S. However, for the past three years, he has been living in Colombia. When my aunt went to the U.S. embassy in Bogota, Colombia for her interview, they told her that the petition is invalid because my grandfather has been living in Colombia and that the purpose of the I-130 petition was to reunite family members and if he's been out of the country (U.S.), then it defeats the purpose. Consequently, my aunt's visa was temporarily denied.
Is their a legal basis for requiring my grandfather to reside in the U.S. even though he is an American Citizen and petitioned for my aunt from the U.S.? Is there a federal regulation stating that U.S. Citizen petitioners are required to reside in the U.S. all the way through the beneficiary's interview process?
Any feedback would be greatly appreciated. Thanks!
Just follow instructions, or better yet consult an immigration lawyer. Good luck & keep us updated on your aunt's case.
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