IF the petition approval is still valid and viable (you would need to check with USCIS), you can simply proceed on the basis of that approval, provided you still qualify for adjustment of status within the US. If it is not longer valid, she would have to repetition for you from the beginning but the wait time will be very long again. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Answer Applies to: California
Replied: 12/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

The good news is that, since your mother's I-130 was approved, possibly in 1986-87, you may now be eligible, even if she is just a green card holder, because the approved petition, which was subject to a priority placement, which has had a very long wait (sometimes even 17-22 years for Philippine applicants!), you may be eligible now to adjust status (get a green card).

Answer Applies to: California
Replied: 12/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes she can file another one but the important thing will be to be able to recapture the Priority Date. What do you have a copy of from the original filing? Receipt? Approval? Need to find out status of the first one if possible before re-filing.

Answer Applies to: California
Replied: 12/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You may be able to use the previous approval.

Answer Applies to: Texas
Replied: 12/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If your mother's I-130 has been approved, the first you want to do is to file I-485 if you are in the US. If not you need to contact the national Visa Center to start the visa processing. If your mother files a new I-130, it will take many years for the quota to become current.

Answer Applies to: California
Replied: 12/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

She can. You would be better off using the original petition because its earlier priority date. There is a long wait for Philippine nationals. Where is the approval notice? You should meet with an attorney to try and get the processing going if the priority date is current. Check the December 2011 visa bulletin on the Department of States website.

Answer Applies to: Virginia
Replied: 12/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Generally, an approved I-130 application, establishing the parent/child relationship, is conclusive and there is no need to file another I-130 application. It is the I-485 application for adjustment of status (or, in the case of your siblings overseas, the consular processing application), that can result in approval for Lawful Permanent Resident status - sometimes called "getting a Green Card." Becoming a Lawful Permanent Resident is a prerequisite for an adult child to later become eligible to petition to become a naturalized citizen. It would be wise for you to engage an immigration attorney to assess your situation more thoroughly and to advise you about eligibilities, alternatives, strategies, etc. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

Answer Applies to: Georgia
Replied: 12/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You should contact an attorney and discuss the matter in more detail. You may not need to file a second I-130 petition if your mother's petition was previously approved. However, I would need to review the previously filed I-130 and approval to see if the case should be savaged. Otherwise, you should be able to have your mother file a new I-130, but this petition will take several years for an immigrant visa to be available. This is why I suggest seeing an attorney about the old case before starting anything new.

Answer Applies to: New York
Replied: 12/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes, speak to an immigration attorney about refiling. The other critical question is how old are you? If you are over 21 it may take a longer time until you receive a green card.

Answer Applies to: New York
Replied: 12/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You should be applying for adjustment of status based on the approved I-130 assuming the visa is current for you. An Immigration lawyer in your area will be able to sit down with you and get it done.

Answer Applies to: Arizona
Replied: 12/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You should look at the approval notice first. If the approval notice indicates that the petition was sent to the National Visa Center (NVC) in Portsmouth New Hampshire for Consular Processing (or directly to a U.S. Consular Post abroad), then the NVC or the Consular Post may have been trying to reach you or your mother several months before a visa would become available. If they had only the addresses on the petition and those addresses changed, the notices may have been mailed to the wrong address, even if you and your mother diligently completed and filed AR-11 change of address notifications with the INS/USCIS. If the NVC/Consulate is unable to reach you and get a response within a year, they may start the process of cancelling the approved petition, in which case you would also lose your priority date. I have pasted the relevant regulations below, and highlighted the areas of particular relevance. That being said, if you determine that the approved petition is still valid, you should then determine whether a visa is available under the priority date for that approved I-130, and if you are eligible for adjustment of status (largely dependent on whether you are still unmarried and under 21, or still in valid nonimmigrant status), or subject to the three or ten year bars on admissibility due to lengthy unlawful presence. Generally, a subsequently filed family-based I-130 petition filed by the same petitioner for the same beneficiary will be accorded the same priority date as the previously approved petition, unless that previously approved petition has been revoked due to abandonment or failure to timely respond to the NVC or Consular Post. As you may discern, there are so many variables and factors to consider that you should seek the assistance of competent legal counsel. In your case, sitting back and waiting for something to happen may have been a very bad move.

Answer Applies to: Illinois
Replied: 12/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If your question is: Do I need a new I-130 because so much time has passed? The answer is probably no because I-130 petitions do not expire. However there are situations that can invalidate them, such as death of the petitioner. If your question is: How do I get an immigrant visa or adjust status the answer will depend on your circumstances. A formal consultation will be needed to evaluate the case and make a recommendation.

Answer Applies to: Pennsylvania
Replied: 12/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If I understand your question correctly, your I-130 was approved together with those of your brothers back in 1986. If this is the case, you *should* be eligible to immigrate to the US based on the old I-130 as long as you are otherwise eligible for residency. You should certainly consult with an attorney before committing to these filing fees, however, as I do not have enough information here to form an opinion.

Answer Applies to: Massachusetts
Replied: 12/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.