jolly786

petitioner death few days ago before interview

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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

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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.usembassy.gov/iv-faq-answers.html

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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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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If the petitioner dies before the immigrants come to the US, then the case is automatically withdrawn - meaning no visas can be issued.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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this is what written on embassy website :-

please submit a copy of petitioner’s 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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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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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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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:

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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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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 ????

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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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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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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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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-immigration-info.com/humanitarian-reinstatement-of-i-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

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