Question:

If US petition was approved in 1991, is the approval still active even today?

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My husband was petitioned by her sister way back 1990. It was approved in 1991 but he did not pursue it because we got married. Now he is willing to go to US if the approval is still valid but he doesn't know the requirements. He still has a copy of the approved petition.

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  1. no it is not valid anymore

    the laws of immigration,visas  have changed drastically since Sept 11 th.

    WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) reminds the public that its new fee schedule is effective today, July 30, 2007. Applications or petitions postmarked or otherwise filed on or after today must include the new fee. USCIS will reject applications or petitions containing an incorrect fee.

    the fees have changed as well ,

    and? he is married now , that changes his status .

    does the petition have a date of expiration?

    i doubt very seriously that the petition is still valid today .

    you did not say under which petition he was allowed and approved ? tourist ? immigrant?

    and his passport ? must have changed since ?

    tougher laws on passports and entries to US .

    some of the forms have changed as well . and mostly the fees .

    http://www.uscis.gov/files/pressrelease/...


  2. Hjas could not be more wrong.  US immigration law was last revised about ten years ago; there have been no changes since then.

    If your husband was petitioned for by his sister, the priority date is 1991 or thereabouts.  Depending on the country of nationality, the priority date might or might not have come yet:  check the Visa Bulletin; your husband's category is Family 4th Preference.

    http://travel.state.gov/visa/frvi/bullet...

    As you can see, if he is a Philippine citizen, his date is not yet current; if he is any other nationality, it is current.

    An important question:  did your husband ever receive a letter from the nearest US embassy or consulate, inviting him to apply for his visa?  If so, he had two years in which to do so.  Still, even if you believe the priority date is long past, call the Immigrant Visa Unit of the nearest US consular section and ask if they have his case in the computer system.  If so, you might be good to go.  If not, they might be able to recreate it if he did not receive the notices.

    Most important, call and find out.  Good luck!

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