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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105701
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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W., my deceased Mother was an American citizen and she filed

Customer Question

Hi, My name is***** my deceased Mother was an American citizen and she filed for me to join her here in the U.S but I was unable due to the civil crisis in my Country, Liberia. I am now here in the US and have all of her documents, can I reactivate the filing is did on my behalf to become and American citizen?
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

My condolences. Did your mother pass away before or after your I-130 was approved?

Customer: replied 6 months ago.
maybe, Im not too sure
Customer: replied 6 months ago.
But I have all these documentations with me showing my maternal links to her as my birth mother.
Customer: replied 6 months ago.
This is why I need a lawyer to do the necessary verifications on the filing
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Ok. Please answer the following:

1) What is your date of birth?

2) When did your mother become a U.S. Citizen?

3) When did she file an I-130 for you?

4) When was the I-130 approved?

5) Do you have a receipt number for the I-130? What is that number?

6) When did she pass away?

Customer: replied 6 months ago.
Wait a moment pls, let me get the documents
Customer: replied 6 months ago.
my mother became a US citizen on April 25, 2003
Customer: replied 6 months ago.
my date of birth is september 25, 1971
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Ok. So no automatic claim for U.S. Citizenship for you because you were over 18 when she became a U.S. Citizen. So:

1) When did she file an I-130 for you?

2) When was the I-130 approved?

3) Do you have a receipt number for the I-130? What is that number?

4) When did she pass away?

Customer: replied 6 months ago.
my mother passed away on the 28th march, 2014
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

I need the other information to be able to give you a solid answer. If not, then I have to give you a general one as to what you could do.

Customer: replied 6 months ago.
She filed for me in the early 1990s when she came to the U.S because at that time there was a civil war going on in our country Liberia
Customer: replied 6 months ago.
I can give you her name and you can check
Customer: replied 6 months ago.
I believe this was a reunification program for Liberian refugee back then
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Unfortunately, they don't have that information available online other than with a receipt number. Do you have at least any I-130 receipt that you can give me the number?

Customer: replied 6 months ago.
No, I dont have a receipt but her name is*****
Customer: replied 6 months ago.
I have her social
security number too
Customer: replied 6 months ago.
Her Naturalization certificate and her American Passport
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Cannot look her up like that unfortunately. So I have to give you a general answer. IF the I-130 was approved before she passed again (and it probably was as it usually takes around a year for approval and approval does NOT mean that you can use it to immigrate, that can take 7+ years), then yes, you could find a substitute sponsor to replace your mother. It has to be a specific relative that is a U.S. Citizen or U.S. Lawful Permanent Resident. Here is an official link:

https://www.uscis.gov/green-card/green-card-through-family/humanitarian-reinstatement

So it looks to me like you will need to get more information about your mother's case. You can file a G-639 Freedom Of Information Act (FOIA) request and get a complete copy of her immigration file which should include the information that you seek. It is free but may take 2 to 3 months or more to process. Here is a link:

http://www.uscis.gov/g-639

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello Charles. Thank you for your kindness and respect. Good luck to you.

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