petitioner death few days ago before interview

[Cathi 5,609]

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......

not telling them about the death is material misrepresentation. They will find out and the beneficiary will have a lifetime ban from the US and no way to EVER get into the US in the future. If you can't understand this then there will be big trouble for all people involved.

[Dave&Roza 748]

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......

Let us play this out. This "friend" goes to the interview and receives a visa to enter the US. Enters the US, receives the I-94 form with an expiration date 90 days from entry. Now this "friend" needs to file an AOS form based on the F3 visa and attach all relavent information regarding the F3 Visa. Your "friend" gets an NOA1 and then a biometrics appointment. Then an interview letter to go to the local USCIS office with the petitioner of the F3 visa--at the very least the original petitioner must submit an I-864 with all the associated documentation and signature. What is your "friend" going to do now? Without AOS there is no SSN and no ability to work in the US. So yes your "friend" would be able to get thru the interview and recieve the visa while committing immigration fraud, but your "friend" would get caught at the next stage, receive a life-time bar from ever entering the US and may have the pleasure of 3 square meals a day while sitting in a 6' X 6' cell for a while.

Is all of that worth it to your "friend"?

Dave

Edited November 7, 2012 by Dave&Roza

[Sunnyland 639]

If your friend does not inform the embassy or inmigration authorities of her/his petitioner's death. Besides, if your friend petitioner died... I do not see your friend's purpose in continuing with the inmigration process. If she/he lies and the embassy knows about the death of petitioner, they probably will wonder why your friend wanted to continue with the facade. They will consider that as FRAUD.

[belinda63 2,981]

Let's say the friend makes it here. He settles down, gets a job, purchases a house, is doing well. A few years down the road USCIS finds out about his fraud, the petitioner was deceased prior to the issuance of the visa. Immigration officials come to the house, detain the friend, lock him up until he can see an immigration judge. The judge asks him why did you lie, he says so I can come to America. Judge says deport him.......Friend kisses his new life in the US goodbye and has to start all over again in his country of origin.

[Peace.... 281]

These kind of people who are trying to screw the system, should be handcuffed right there in their seat at the interview and sent directly to jail. Setiously, who would even try such ####### except someone who had bad intentions in the first place.

[jaycali 415]

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 person will then be committing fraud - a felony. If found out at the interview that he/she is lying about the death, he/she will be denied a visa for material misrepresentation and be barred for life.

If he/she gets away with the lie, and actually gets a visa by fraud and enter the US, he/she is still not safe. If at any time found out (ie. during a citizenship application) that the petitioner was dead, he/she will be deported and barred for life, and may even face jail time.

In other words, even if he/she was "successful" in deceiving the COs at the interview, he/she would be living the rest of his/her life looking over his/her shoulder.

Let's face it. His/her petitioner died. That's a tragedy, I get it. Right before an immigrant visa interview.. It's horrible. But the US immigration system isn't meant as a reward for people who have USC relatives, it's meant to unite families. With the petitioner deceased, there is no longer a reason for the beneficiary to be in the US, as there is no family to unite anymore.

And food for though - What does he/she plan to do if the interviewing CO asks for one additional document from the petitioner?

Edited November 8, 2012 by Jay Jay

[jolly786 96]

Thanks for replying...

they filed Humanitarian reinstatement today...

how much time it will take to through dis process ????????

[vikky 1]

This american immigration system sucks,,,,,,,god bless your friend.

[JimVaPhuong 4,863]

Let us play this out. This "friend" goes to the interview and receives a visa to enter the US. Enters the US, receives the I-94 form with an expiration date 90 days from entry. Now this "friend" needs to file an AOS form based on the F3 visa and attach all relavent information regarding the F3 Visa. Your "friend" gets an NOA1 and then a biometrics appointment. Then an interview letter to go to the local USCIS office with the petitioner of the F3 visa--at the very least the original petitioner must submit an I-864 with all the associated documentation and signature. What is your "friend" going to do now? Without AOS there is no SSN and no ability to work in the US. So yes your "friend" would be able to get thru the interview and recieve the visa while committing immigration fraud, but your "friend" would get caught at the next stage, receive a life-time bar from ever entering the US and may have the pleasure of 3 square meals a day while sitting in a 6' X 6' cell for a while.

Is all of that worth it to your "friend"?

Dave

An F3 is an immigrant visa. They would receive a green card automatically shortly after arriving in the US. They would not need to adjust status. That's only for K1 visas.

There are a few issues with the death of the petitioner. First, the law requires that the petition be revoked when the petitioner dies. Second, the law allows for the petition to be reinstated for humanitarian reasons if allowing the petition to be reinstated would still meet the goal of family reunification. For a long time that created a catch 22 - the law also requires an affidavit of support from the petitioner that's sufficient both at the time it's submitted and at the time the immigration benefit is granted; e.g., when the immigrant arrives in the US with their immigrant visa. Congress finally addressed this problem by allowing a substitute sponsor (who must be a qualifying family member) to step in and become a proxy sponsor for the deceased petitioner.

The issue in this case is that the beneficiary is married and has a family. The position of USCIS in these cases is almost universal - the beneficiary's family now consists of their spouse and children. The goal of family reunification would not be served by reinstating the petition since the beneficiary is not currently separated from their family.

Here is the relevant portion of the Adjudicator's Field Manual, section 21.2:

While there are no other rules or precedents on how to apply this discretionary authority, reinstatement may be appropriate when revocation is not consistent with the furtherance of justice, especially in light of the goal of family unity that is the underlying premise of our nation's immigration system. In particular, reinstatement is generally appropriate as a matter of discretion, if section 204(l) of the Act and Chapter 10.21 of this AFM would support approval of the petition if it were still pending. For cases that are not covered by section 204(l) of the Act, the reinstatement request will be addressed in light of the factors that USCIS has traditionally considered in acting on reinstatement requests, which include:

• The impact of revocation on the family unit in the United States, especially on U.S. citizen or LPR relatives or other relatives living lawfully in the United States;
  
  
• The beneficiary's advanced age or poor health;
  
  
• The beneficiary's having resided in the United States lawfully for a lengthy period;
  
  
• The beneficiary's ties to his or her home country; and
  
  
• Significant delay in processing the case after approval of the petition and after a visa number has become available, if the delay is reasonably attributable to the Government, rather than the alien.
  
  

Although family ties in the United States are a major consideration, there is no strict requirement for the alien beneficiary to show extreme hardship to the alien, or to relatives already living lawfully in the United States, in order for the approval to be reinstated. If the alien is required to have a Form I-864 affidavit of support, however, there must be a Form I-864 from a substitute sponsor.

I've seen two humanitarian reinstatement requests denied because the beneficiary was married and living in their home country with their spouse and children. If you decide to try the humanitarian reinstatement route then I strong advise you hire an attorney, and that your primary basis be something OTHER than family reunificiation, as it will almost certainly be denied if that's the primary basis. A discretionary decision on a request for humanitarian reinstatement cannot be appealed, so you've only got one shot at this.

[vikky 1]

@Jimvaphuong

you are absolutely right.

[apple21 953]

Thanks for replying...

they filed Humanitarian reinstatement today...

how much time it will take to through dis process ????????

Sorry for your friend's loss. (F)

By the way, do they still have another relative who can sponsor them on the petition?

[Baileys 39]

Does anyone know...

If humanitarian reinstatement is approved with a new sponsor, does the beneficiary then have to switch queues? i.e. if the beneficiary was F1 and parent dies, and a sibling becomes the new sponsor, does the beneficiary then become F4 and have to wait "x" more years for the PD to become current again?