Am i eligible as derivative neneficiary

[Mihk3456 0]

1 hour ago, Going through said:

I believe that refers to spouses and biological children.

 

You are not the biological child of your uncle.

Are you sure? Doesn't it reflect all the derivative beneficiaries of i-130 petitions

[Going through 5,668]

32 minutes ago, Mihk3456 said:

Are you sure? Doesn't it reflect all the derivative beneficiaries of i-130 petitions

Yes.  Provided you meet certain requirements.

 

•The applicant resided in the United States when the qualifying relative died;

•The applicant continues to reside in the United States on the date of the decision on the pending application

 

For purposes of derivative beneficiaries,  as long as any one surviving beneficiary of a covered petition meets the residence requirement, then the petition may be approved despite the death of the qualifying relative.

 

In your situation, I do not believe this is the case since you are living in another country right now and do not meet the residency requirements?

 

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter8.html

[Mihk3456 0]

Yeah but does this mean : 

 

Basic Eligibility for Section 204(l) Relief for Surviving Relatives

 You may be eligible to seek relief if you are a:

• Derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the principal beneficiary died;

[BuiQuang 95]

5 minutes ago, Mihk3456 said:

Yeah but does this mean : 

 

Basic Eligibility for Section 204(l) Relief for Surviving Relatives

 You may be eligible to seek relief if you are a:

• Derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the principal beneficiary died;

u meet this requirement but u no meet US resident requirement.  u must meet all requirements.  u no can do that. 

 

no way for u to immigrate to us.  sorry.  u so desparate that u no believe anyone here.  no one will lie to u and tell u there is a way for u.  

[Going through 5,668]

9 minutes ago, Mihk3456 said:

Yeah but does this mean : 

 

Basic Eligibility for Section 204(l) Relief for Surviving Relatives

 You may be eligible to seek relief if you are a:

• Derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the principal beneficiary died;

You left this part out of what you quoted above:

 

"In addition, at least one beneficiary, or derivative beneficiary, resided in the United States when the relative died and continues to reside in the United States when seeking relief. "

 

 

Again, as you do not reside in the US, and none of the other derivative beneficiaries reside in the US, you are not eligible for relief.

Edited October 23, 2017 by Going through

[geowrian 22,335]

7 minutes ago, Mihk3456 said:

Yeah but does this mean : 

Basic Eligibility for Section 204(l) Relief for Surviving Relatives

 You may be eligible to seek relief if you are a:

• Derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the principal beneficiary died;

"May be eligible"

The detailed rules for eligibility under this subsection were stated above.

[Mihk3456 0]

Thank you very much.

[Mihk3456 0]

24 minutes ago, BuiQuang said:

u meet this requirement but u no meet US resident requirement.  u must meet all requirements.  u no can do that. 

 

no way for u to immigrate to us.  sorry.  u so desparate that u no believe anyone here.  no one will lie to u and tell u there is a way for u.  

Nah man. But i guess it won't be that easy for me if i want to come to the us thanx again