Main Petioner Died

[Help_NYC 0]

Hi All ,

My mom was US Citizen and applied for her Married daughter and case got approved on August 24, 2005 and priority date was given August 22nd , 2005.

Case is in NVC right now. Unfortunately my mom died March of 2015 here in USA. So, my question I can take over my mom case / add additional petitioner on my sister case that mom applied for so she can get her visa. I am a US Citizen and capable to sponsor her and her family. Btw I spoke to one of the lawyer and he told yes I can . But I am confuse here  Any Advise or opinion will really helpful .

Thanks

Tim

[Unlockable 7,306]

Unfortunately, no. There is NO transfers of petitions. This lawyer should know that (is it an immigration lawyer). You can have a petition of your own if you already didn't have one. It will take a lot longer.

 

Search death of petitioner on this site and you will see other cases similar.

 

Sorry for your loss.

[Help_NYC 0]

yes he is very well known lawyer here at nyc. he told me petitioner can't be change nor transfer. what he told add as additional petitioner and submit the I864 as substitute sponsor to finish the case.

[Unlockable 7,306]

Did you have a petition for you sister at the same time as your mother's? If so then that makes sense. You would continue with your own.

 

But you can't "take over" your mother's petition as you previously mentioned.

[NigeriaorBust 4,087]

 If you live outside the US no.  IF you happen to be living in the US ( student or work visa )  you might get relief under  204(I) 

[Unlockable 7,306]

11 minutes ago, NigeriaorBust said:

 If you live outside the US no.  IF you happen to be living in the US ( student or work visa )  you might get relief under  204(I) 

 

Isn't the residing in the US for beneficiary (the OP's sister)?

 

The OP is a USC and is in the US.

 

https://www.uscis.gov/green-card/green-card-through-family/basic-eligibility-section-204l-relief-surviving-relatives

Edited January 14, 2017 by NuestraUnion

[Help_NYC 0]

I live in US but sister lives in abroad and wants to come here

[Hypnos 6,576]

Then no, unfortunately. 

 

Relief under 204(l) requires the beneficiary to reside in the US at the time the petitioner died. That's somewhat ###-backwards, but there you go. 

 

You can file your own petition for your sister now, but it will take ~15-20 years for her priority date to become current so that she will be eligible for a visa. 

Edited January 15, 2017 by Hypnos

[aaron2020 11,651]

Jesus Christ.  Disappointed that long time posters are giving bad advice.

 

There is a difference between when the petitioner dies and when the primary beneficiary dies.  You guys are giving answers based on the primary beneficiary dying.

 

Humanitarian relief is possible when the petitioner dies after the I-130 is approved.  

 

From USCIS; https://www.uscis.gov/green-card/green-card-through-family/humanitarian-reinstatement

[aaron2020 11,651]

http://photos.state.gov/libraries/jamaica/231771/PDFs/2014_Ask the U_S_ Embassy - Nov 5.pdf

 

http://www.immattyllp.com/2014/02/death-of-petitioner-in-family-based-immigration-cases/

 

Death of Petitioner in Family-Based Immigration Cases

Posted on February 12th, 2014 by Stephen Berman  |  Add a Comment

Death of Petitioner in Family-Based Immigration Cases

I was recently asked what could be done, when USCIS revoked a visa due to death of a U.S. Citizen parent, filing for her sons and daughters overseas.  Several other sons and daughters had already immigrated to the U.S.  If approved, the visas would allow the family to reunite.

Here are the facts.  A US Citizen filed a petition for her sons and daughters.  After many years, the visa was finally approved.  After another long wait, the National Visa Center forwarded the visa to the U.S. Embassy abroad.  Then the US parent died.

The Embassy, notified of the death, promptly sent the approved visa petitions back to USCIS for revocation.  A brother of the beneficiaries, who was a US citizen, over 18, and paying taxes, notified the Embassy, before the revocation, that he could do an I-864 affidavit of support.  The Embassy ignored him.  He emailed and wrote to USCIS and urged the agency to let him do the I-864.  USCIS ignored him and revoked the visa petition approvals.  He kept writing to USCIS after that.  USCIS never responded.  After a few years of trying, they asked me if I could help.

Unfortunately, it may now be too late to do anything, but had the family taken a different approach, USCIS could have reinstated the approvals, and the family would have been able to reunite in the U.S.

The law is as follows.

1. Automatic Revocation. 

If a person files a visa petition for their relative to immigrate, and the petitioner dies, the visa is revoked, automatically.  It is revoked as of the date the petitioner dies.  8 C.F.R. 205.1(i)(C).

2. Humanitarian Reinstatement

The USCIS may, as a matter of discretion, for humanitarian reasons, determine that it is inappropriate to revoke the visa approval.  8 C.F.R. 205.1(i)(C)(2).

By regulation, the only way USCIS can reinstate the approval is if the principal beneficiary asks USCIS to reinstate the approval.  In addition, the principal beneficiary must demonstrate that there is a qualifying, substitute sponsor for the I-864, Affidavit of Support.

To demonstrate there is a substitute sponsor, the beneficiary must send USCIS a properly completed I-864 Affidavit of Support.  The substitute must reside in the U.S., be a U.S. citizen or lawful resident alien.  The substitute must meet the income requirements for the I-864.  Finally, the substitute must be related to the beneficiary in one of the following ways: (1) spouse, (2) parent, (3) mother-in-law, (4) father-in-law, (5) sibling, (6) child (if at least 18 years of age), (7) son, (8) daughter, (9) son-in-law, (10) daughter-in-law, (11) sister-in-law, (12) brother-in-law, (13) grandparent, or (14) grandchild, or (15) a legal guardian.

There is no form for the beneficiary to make this request.  Rather, the beneficiary makes the request by a letter, with supporting documentation.  There is no fee for the request.  There is no specific time to request reinstatement, except that the request  must be filed before USCIS actually sends a notice revoking the petition.

The letter must include:

1. The reasons for reinstatement
2. Prove that the substitute sponsor resides in the U.S.
3. Provide a properly completed I-864, with all supporting documents
4. Evidence of humanitarian reasons for reinstatement

The following should be included as well, but may not be mandatory, depending on the circumstances:

5. Proof of relationship with the joint sponsor
6. Death certificate of the petitioner
7. Copy of the approval notice
8. Any correspondence received from the US Department of State

USCIS has published the following factors that it will consider in adjudicating requests for humanitarian reinstatement:

1. Impact of revocation on the family unit in the U.S., especially US Citizen and permanent resident relatives living in the U.S.
2. Beneficiary’s advanced age or poor health
3. Beneficiary’s lawful length of residence in the U.S. 
4. Beneficiary’s ties to his or her home country or lack thereof
5. Significant delay in processing the case after approval, and after the visa became available, and if the delay is attributable to the U.S. government and not the beneficiary

There are other important details to Humanitarian Reinstatement.  For example, it is not available if the petitioner died before the visa was approved [but in many cases the application is converted under Section 204L to a widow petition or related petition].

It is also not available if the principal beneficiary has died.  Again section 204L may allow benefits.

Strictly following the above-named procedures could make the difference between uniting a family after many years, or leaving them permanently apart.  In the case of the people who contacted me, the beneficiary did not request reinstatement, another relative did. This relative did not provide the I-864, proof of relationship, evidence of humanitarian factors, or anything else required.  Since the relative was not representing either the estate of the deceased, or the beneficiaries, USCIS had no right to communicate with the relative about the case.  Once the matter is revoked, there is a 30-day period of time to file a motion to reopen, and after that, there is little or nothing that can be done.

[Help_NYC 0]

Thanks Aaron for mentioned the Humanitarian ground option and i know that. There is also rules under USCIS you can add additional petetioner in the case but i don't know it will apply to my sister situation and I think that's exactly lawyer tries to do . He also let me signed 864 and other qualified papers that why i am eligible to handle this case. Lawyer submit the papers to NVC so lets see. Lawyer told me visa is current i will see invoice comes under my name. I am not sure until i see it because all lawyers are lies alot but unfortunately they are hour best option when case is in critical condition.

[AHegypt 0]

Does the sec 204 apply to a derivative beneficiary who was living in the US when the petitioner died ?       

[Hypnos 6,576]

Yes. 

[TBoneTX 43,057]

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