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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4868
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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On 04/29/2001, petitioned her sister Mayela to become a LPR.

Customer Question

On 04/29/2001, Sandra petitioned her sister Mayela to become a LPR. USCIS sent a RFE, but since Sandra never responded the case was considered abandoned and it was denied. If the evidence would have been sent, the I-130 would have been approved. Can Mayela still use this petition as protection under 245i?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello my names is Jennifer and I will be the immigration attorney helping you today.

Does Mayela have the receipt notice for the I-130?

Customer: replied 1 year ago.

Mayela doesn't have it and Sandra can't find it :( A FOIA was requested so they have the case or receipt number.

Expert:  Jen Marie, Esq. replied 1 year ago.

Yes, Mayela can still use this protection under INA 245(i). She is grandfathered in if it was properly filed and approvable the time that the petition was filed on her behalf.

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