Can my mother still immigrate to the US?
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Can my mother still immigrate to the US?
I filled a petition for my mother 11
years ago but at the time a visa was
available she couldn’t immigrate
because my brother was a child living
with her and there was no visa
available for him. The NVC cancelled
her petition and all the documents. My
question is can I file a petition for
her again? Will she be able to
immigrate when a visa is available or
the cancelled petition will be a
problem and they will not allow her to
live in the US? Thanks, Diane.
Asked on June 11, 2016 under Immigration Law, Washington
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, it should be fine for her to immigrate if you petition for her again and the previously cancelled petition will not affect the current case in any negative way. Just know that the process will take about 1 year before she is able to obtain a visa.
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