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petitioner death few days ago before interview

#1 jolly786

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Posted 06 November 2012 - 12:40 PM

hello friends ...one of my friend having interview under F3 category in december 2012..but unfortunately the petitioner is dead few days ago...so pls tell, it will effect on visa interview or not?????secondly,what happen if they will not show the petitioner death during interview??

Edited by jolly786, 06 November 2012 - 12:43 PM.

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#2 Jason and Shifa

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Posted 06 November 2012 - 01:10 PM

What happens if the petitioner dies before the principal beneficiary has immigrated to the United States?

If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked pursuant to 8 CFR 205.1(a)(3). This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS).

If there are compelling humanitarian circumstances, the consular officer may recommend that DHS reinstate the petition. Alternatively, the applicant may contact directly the DHS office that approved the petition to request that it be reinstated for humanitarian reasons. If DHS reinstates the petition, the consular officer will contact the applicant(s) soon thereafter.
Please see 9 FAM 42.42 PN2 (PDF, 23 Kb) for more information on humanitarian reinstatement.


source: http://santodomingo....aq-answers.html
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Posted ImagePosted Image

USCIS
* March 2nd 2012 --> I-130 sent
* March 5th 2012 --> I-130 Delivered at Chicago Lockbox
* March 7th 2012 --> Got NOA1 by SMS (Vermont Service Center)
* March 14th 2012 --> Got Hardcopy of I-797C in the airmail
* June 29th 2012 --> NOA2 (114days)
* July 5th 2012 --> Got Hardcopy of NOA2
NVC
* July 2nd 2012 --> NVC Received
* July 24th 2012 --> NVC Case Number and IIN received by e-mail
* July 24th 2012 --> E-mailed the DS 3032
* July 24th 2012 --> AOS Bill Paid
* July 26th 2012 --> AOS Bill Shows PAID
* July 28th 2012 --> AOS Package Sent
* August 2nd 2012 --> DS-3032 accepted
* August 3rd 2012 --> IV bill invoiced & PAID
* August 7th 2012 --> IV Bill Shows PAID
* August 17th 2012 --> IV Package Sent
* August 24th 2012 --> NVC Case Complete
* September 15th 2012 --> Interview Date Assigned
US EMBASSY JAKARTA
* October 16th 2012 --> INTERVIEW (Approved)
* October 19th 2012 --> Visa in Hand

#3 milimelo

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Posted 06 November 2012 - 01:17 PM

Good luck with this. There was a case here with exact same circumstances - F3 category - so married son/daughter of USC. Humanitarian reinstatement was not an option - beneficiary was living with his/her family already so no family reunification needed - they were already together.

OP - tell your friend to not even think about concealing this major information at the interview (ie lying). Misrepresentation charges come to mind and/or revocation of any and all benefits they received when the truth surfaces.
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Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC
3/5/2009 - I-751 received in CSC
3/9/2009 - Check cashed
3/20/2009 - Biometrics notice received (no NOA1)
4/2/2009 - Biometrics
4/9/2009 - NOA1 date (first undelivered one is 3/5)
4/3/2009 - Touch?
5/6/2009 - ROC Approval - 65 days
6/22/2009 - CRIS Card production ordered email
7/7/2009 - GC arrived!

Naturalization Journey
3/03/2010 N400 sent to Arizona Lockbox
3/15/2010 Check cashed
3/17/2010 NOA1
3/18/2010 - Biometrics notice sent
3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)
4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)
5/1/2010 Text and email interview letter sen
5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am
6/17/2010 Interview appointment - PASSED
6/29/2010 US Citizen

#4 aaron2020

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Posted 06 November 2012 - 05:57 PM

hello friends ...one of my friend having interview under F3 category in december 2012..but unfortunately the petitioner is dead few days ago...so pls tell, it will effect on visa interview or not?????


If the petitioner dies before the immigrants come to the US, then the case is automatically withdrawn - meaning no visas can be issued. The case has ended.

Humanitarian reinstatement is possible if there is another family member who can petition.

secondly,what happen if they will not show the petitioner death during interview??


It's a material misrepresentation to conceal the fact that the petitioner has died. If the lie is discovered at any time, the family will lose its benefits. They would receive lifetime bans from coming to the US. If they get green cards or US citizenship, it could be revoked because they lied by omitting the material fact that the petitioner is dead and they should never have gotten immigration visas at all.
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#5 vikky

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Posted 06 November 2012 - 09:31 PM

this is what written on embassy website :-

please submit a copy of petitioners death certificate to our office via fax, email, mail, or in person. When the petitioner dies, the visa petition filed for a family member is automatically revoked and returned to the U.S. Immigration and Naturalization Services (USCIS). Beneficiaries may request for reinstatement of the petition for special humanitarian reasons through USCIS in the U.S.
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#6 jolly786

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Posted 07 November 2012 - 04:20 AM

Thanks every one for replying..but still having one question in my mind ..pls clarify it...
how visa officer come to know about the petitioner death during interview....???????? if they dont disclose the death of the petitioner during interview....then it will be ok...becoz they alraedy submitted all papers to nvc...only left with interview part......
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#7 N-o-l-a

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Posted 07 November 2012 - 05:00 AM

Thanks every one for replying..but still having one question in my mind ..pls clarify it...
how visa officer come to know about the petitioner death during interview....???????? if they dont disclose the death of the petitioner during interview....then it will be ok...becoz they alraedy submitted all papers to nvc...only left with interview part......


That would be immigration fraud. The death certificate needs to be submitted. I don't think "this person" should dare chance it.
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#freePalestine

http://lifewithadane.wordpress.com/

For full timeline see "About Me"

 

 


#8 ca_babe

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Posted 07 November 2012 - 05:06 AM

Thanks every one for replying..but still having one question in my mind ..pls clarify it...
how visa officer come to know about the petitioner death during interview....???????? if they dont disclose the death of the petitioner during interview....then it will be ok...becoz they alraedy submitted all papers to nvc...only left with interview part......


This reminds me of the Michigan lady who won the lottery, did not notify the authorities about her change of financial status and continued to collect welfare until well the authorities found out. :whistle:
  • 1
===========================
2008-08-16 Sent N-400
2008-08-18 Application Received
2008-08-19 Check Cashed
2008-09-18 Biometrics
2008-12-09 Interview
2009-01-XX Oath (Yay! I'm a citizen)
==========================
07/19 - NOA2 approval
08/20 - Case received at NVC
08/23 - emailed DS-3022
08/25 - mailed AOS
08/27 - received AOS
08/31 - AOS Accepted
09/04 - Received confirmation of DS-3022
09/05 - Received IV invoice
09/05 - Pay IV bill
09/06 - IV showed as paid
09/06 - Send DS-230 packet
09/10 - Received DS-230 packet by NVC
09/17 - DS-230 Accepted/Case Complete
09/28 - Transfer to Manila Embassy
10/02 - Medical Exam at St. Luke's
10/08- 10/10 - Sputum Test
10/09 - Received by Manila Embassy
10/12 - Result of Sputum Test (Need to repeat)
10/16-10/18 - Repeat Sputum Test (Negative)
12/13 - Sputum Final Result (Negative)
12/21 - Interview at Embassy (Approved)
12/28 - Visa Picked Up from 2GO
12/28 - CFO
12/30 - POE (LAX)

#9 ca_babe

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Posted 07 November 2012 - 05:09 AM

Common questions during interview are where does the petitioner live and what does he do for a living. If the petitioner is really old, they'd ask you to bring a picture of the petitioner holding a newspaper showing a recent date to make sure that he's still alive.
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===========================
2008-08-16 Sent N-400
2008-08-18 Application Received
2008-08-19 Check Cashed
2008-09-18 Biometrics
2008-12-09 Interview
2009-01-XX Oath (Yay! I'm a citizen)
==========================
07/19 - NOA2 approval
08/20 - Case received at NVC
08/23 - emailed DS-3022
08/25 - mailed AOS
08/27 - received AOS
08/31 - AOS Accepted
09/04 - Received confirmation of DS-3022
09/05 - Received IV invoice
09/05 - Pay IV bill
09/06 - IV showed as paid
09/06 - Send DS-230 packet
09/10 - Received DS-230 packet by NVC
09/17 - DS-230 Accepted/Case Complete
09/28 - Transfer to Manila Embassy
10/02 - Medical Exam at St. Luke's
10/08- 10/10 - Sputum Test
10/09 - Received by Manila Embassy
10/12 - Result of Sputum Test (Need to repeat)
10/16-10/18 - Repeat Sputum Test (Negative)
12/13 - Sputum Final Result (Negative)
12/21 - Interview at Embassy (Approved)
12/28 - Visa Picked Up from 2GO
12/28 - CFO
12/30 - POE (LAX)

#10 Andie

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Posted 07 November 2012 - 05:31 AM

hello friends ...one of my friend having interview under F3 category in december 2012..but unfortunately the petitioner is dead few days ago...so pls tell, it will effect on visa interview or not?????secondly,what happen if they will not show the petitioner death during interview??


seriously ????
  • 0

1st attempt:
Mar 2011 - After 5mths denied for lost docs
Attempts to follow up failed.
2nd attempt:
Mar 18 2012 - I-129F sent
No sign of NOA1 but they have the cheque
Jul 24 - Update - USCIS has located our file :)
Oct 09 - Infopass Appt - they sorted through everything
our 2011 and 2012 file keep getting mixed up - getting us a Case# (still waiting)
23mths since we saw each other
Dec 08 - Infopass Appt- expecting to get a case # in about a week
.........Still no Case number :(
Dec 31 - We met up in Canada for a few days (not enough time but great anyway)
Jan 2013 - Back in NZ/Florida :(
Mar 2013 Infopass - advised file was in a box somewhere,
and it would be quicker for us to refile





#11 aaron2020

aaron2020

    Super Star Member



Posted 07 November 2012 - 10:04 AM

Thanks every one for replying..but still having one question in my mind ..pls clarify it...
how visa officer come to know about the petitioner death during interview....???????? if they dont disclose the death of the petitioner during interview....then it will be ok...becoz they alraedy submitted all papers to nvc...only left with interview part......


No, it is not ok. It is IMMIGRATION FRAUD.

Not disclosing that the petitioner is dead is IMMIGRATION FRAUD. Do you understand that???? Why does it matter how the visa officer knows? The beneficiaries have a responsibility to disclose the death of the petitioner. If they do not disclose the death of the petitioner to the visa officer, then they are committing IMMIGRATION FRAUD TO ILLEGALLY OBTAIN IMMIGRATION VISAS. SO, IT WILL NOT BE OK. IT IS A CRIME.

Once the petitioner is dead, the case ends. No matter what. If the beneficiaries are not in the US, then they cannot get visas if the petitioner is dead. The only hope is humanitarian reinstatement.
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#12 GodsGift225

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Posted 07 November 2012 - 10:17 AM

As all other members responded this is FRAUD!!!! At no point you should LIE to an IO, eventually it will come to light, and then you are screwed, banned, and all benefits taken away.... This is FRAUD and at the time of the interview it should be stated. The petitioner is NOT present due to death, Take copies of Death Cert. and call before hand!
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~* GodsGift225*~

#13 dreamwarrior

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Posted 07 November 2012 - 11:01 AM

Since the beneficiary wasn't residing in the US at the time of the petitioner's death, the visa is cancelled. Humanitarian reinstatement requires a qualifying relative to sponsor the beneficiary. That means any relative of the petitioner who has the means to sponsor can do so.
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Show Timeline:

Spoiler

06-21-2012 - USCIS received I130 from abroad
06-26-2012 - NOA-1 -> CSC
10-04-2012 - NOA-2
12-21-2012 - Case Completed at NVC
03-19-2013 - Interview - Passed!

04-04-2013 - POE LAX 2 hour wait My parents picked us up!

04-16-2013 - Received green card


#14 javisakid

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Posted 07 November 2012 - 11:37 AM

Relax. It's not all doomed! True, the visa will not be issued where it is discovered that the petitioner died, but as with many problems in life, there are solutions.

Many people have spoken of humanitarian reinstatement, and this is one solution to the problem. Here is a website that gives you more detail:

http://us-immigratio...-130-petitions/

"For some time, many thought this situation was a dead end and that there is no chance they can acquire any immigration benefits. However, there is a way to appeal for the revival of the petition and this is called the Request for Humanitarian Reinstatement or also called Request for Humanitarian Revalidation. Humanitarian Reinstatement was made available to cover these kinds of situations.

For a Humanitarian Reinstatement to be applicable to a certain case, the petition must have been approved before the death of relative petitioner. The first thing that the beneficiary must arrange is to have a substitute sponsor who may file for an affidavit of support. This should be someone who can establish the means to maintain an annual income amount equal to at least 125 percent of the Federal Poverty line.

The qualified substitute sponsor should be at least 18 years or age and has a domicile in the US. This includes the spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild of a sponsored alien or a legal guardian of a sponsored alien."

Edited by javisakid, 07 November 2012 - 11:37 AM.

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Priority Date: 10/5/2006
Interview Scheduled: 10/1/2013
Medical Completed: 11/4/2013
Interview Completed: 11/18/2013
CEAC Status -- Administrative Processing -- 11/19/2013
CEAC Status -- ISSUED -- 11/19/2013
VISA IN HAND -- 11/21/2013
POE -- 11/22/2013

#15 bigdog

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Posted 07 November 2012 - 11:58 AM

Sorry for your loss, good luck with your options.
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In Arizona we can Keep our RIFLE's and HAND GUNS, no CCW required but a good idea.  Remember gun safety always!
ROC 11/15/2012, BIOMETRICS 9/5/12
http://www.uscis.gov...Calculator.html




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