Most unfortunate scenario!!

[diadromous mermaid 36]

Really?

I am sorry if i may be promoting fraud but if they don't ask anymore questions about the petitioner, just leave. You have your tickets, they don't need to know anything more. I don't believe you have to do AOS when you get here, so no problems there. Just grab you tickets and head out. I am sorry fro your loss.

[ronjie 0]

what would be the scenario if you never got the news of the petitioner dieing before you boarded your flight ? I would go with that scenario !!

[Old Dominion 26]

I have no doubt at all that you will have an uneventful trip to the U.S.

[diadromous mermaid 36]

Right. And then what happens at adjustment of status, when it is discovered that the petitioner was/is deceased?

I have no doubt at all that you will have an uneventful trip to the U.S.

[Zayd 0]

I don't hear much sorrow in your words for advocating fraud. The visa is revoked by the death of the petitioner. It is these kinds of recommendations and then following these recommendations that makes immigration difficult for the honest people. Mrs. Rowe, you complain about visa wait times and the process, but it is this kind of behavior that has forced the system we now have. Enjoy the system you are helping create. If you come here under illegal pretenses like this you could face a lifetime ban. Consider the consequences carefully.

I am sorry if i may be promoting fraud but if they don't ask anymore questions about the petitioner, just leave. You have your tickets, they don't need to know anything more. I don't believe you have to do AOS when you get here, so no problems there. Just grab you tickets and head out. I am sorry fro your loss.

Edited December 2, 2008 by Zayd

[pushbrk 12,127]

Right. And then what happens at adjustment of status, when it is discovered that the petitioner was/is deceased?

I have no doubt at all that you will have an uneventful trip to the U.S.

Was Grandpa the "petitioner" or just a "sponsor". Nobody has confirmed the visa category or whether any status adjustment is needed.

What is the visa category? If "IR..." then who is the IR (immediate relative) of whom? Grandpa? I doubt it.

[diadromous mermaid 36]

Why would the OP write that the "petitioner" died, if Grandpa was only the sponsor? I agree that not much information has been given as to the type of immigrant classification we're dealing with, however, there are some clues.

One being

We waited for almost 10 years or more for this petition...

. Immediate relative ? I believe NOT.

Right. And then what happens at adjustment of status, when it is discovered that the petitioner was/is deceased?

I have no doubt at all that you will have an uneventful trip to the U.S.

Was Grandpa the "petitioner" or just a "sponsor". Nobody has confirmed the visa category or whether any status adjustment is needed.

What is the visa category? If "IR..." then who is the IR (immediate relative) of whom? Grandpa? I doubt it.

[pushbrk 12,127]

Why would the OP write that the "petitioner" died, if Grandpa was only the sponsor? I agree that not much information has been given as to the type of immigrant classification we're dealing with, however, there are some clues.

One being

We waited for almost 10 years or more for this petition...

. Immediate relative ? I believe NOT.

Right. And then what happens at adjustment of status, when it is discovered that the petitioner was/is deceased?

I have no doubt at all that you will have an uneventful trip to the U.S.

Was Grandpa the "petitioner" or just a "sponsor". Nobody has confirmed the visa category or whether any status adjustment is needed.

What is the visa category? If "IR..." then who is the IR (immediate relative) of whom? Grandpa? I doubt it.

Nevertheless, when an family's entire future is in the balance, we would be foolish to advise them based on any assumptions. The information can be verified. Let's do so.

Yes, surely if they waited ten years it's not an IR visa.

References for what to do when a petitioner dies before petition approval don't answer questions about what to do when the petition is approved and visa in hand before the death.

To answer your direct question however, so many posters, new and old, use the wrong terminology so frequently here, I stopped concluding otherwise long ago.

Edited December 2, 2008 by pushbrk

[diadromous mermaid 36]

I've not offered any advice other than to ask those that so cavalierly prompt the OP to simply board a plane and all is well to think through the situation more before making a recommendation.

In fact, I believe there is clear policy on this very situation...one that calls for the approval of the relative petition to be revoked, inter alia, and then for an alien finding him/herself in such a situation to request a reversal of that revocation by the AG provided a substitute sponso is found.

Why would the OP write that the "petitioner" died, if Grandpa was only the sponsor? I agree that not much information has been given as to the type of immigrant classification we're dealing with, however, there are some clues.

One being

We waited for almost 10 years or more for this petition...

. Immediate relative ? I believe NOT.

Right. And then what happens at adjustment of status, when it is discovered that the petitioner was/is deceased?

I have no doubt at all that you will have an uneventful trip to the U.S.

Was Grandpa the "petitioner" or just a "sponsor". Nobody has confirmed the visa category or whether any status adjustment is needed.

What is the visa category? If "IR..." then who is the IR (immediate relative) of whom? Grandpa? I doubt it.

Nevertheless, when an family's entire future is in the balance, we would be foolish to advise them based on any assumptions. The information can be verified. Let's do so.

Yes, surely if they waited ten years it's not an IR visa.

References for what to do when a petitioner dies before petition approval don't answer questions about what to do when the petition is approved and visa in hand before the death.

To answer your direct question however, so many posters, new and old, use the wrong terminology so frequently here, I stopped concluding otherwise long ago.

[pushbrk 12,127]

I've not offered any advice other than to ask those that so cavalierly prompt the OP to simply board a plane and all is well to think through the situation more before making a recommendation.

In fact, I believe there is clear policy on this very situation...one that calls for the approval of the relative petition to be revoked, inter alia, and then for an alien finding him/herself in such a situation to request a reversal of that revocation by the AG provided a substitute sponso is found.

I've been searching for references on such a policy and only find that petitions are revoked if the petitioner dies before the beneficiary(s) immigrate and references to Consulates not issuing visas when the petitioner dies after petition approval. I can find nothing that addresses the specific instance of the death occuring after visas are in hand except one likely interpretation of the first scenario above.

There are certainly other considerations for these folks in that without Grandpa, they may have a tough go in the US. If they can make it on their own, I see a good case for simply using the visas and dealing with any sponsorship or other immigration issues only IF and when they arise, which I would think unlikely. That's not legal advice but what I would probably do in the absense of clear indications to the contrary.

[ronjie 0]

I've not offered any advice other than to ask those that so cavalierly prompt the OP to simply board a plane and all is well to think through the situation more before making a recommendation.

In fact, I believe there is clear policy on this very situation...one that calls for the approval of the relative petition to be revoked, inter alia, and then for an alien finding him/herself in such a situation to request a reversal of that revocation by the AG provided a substitute sponso is found.

I've been searching for references on such a policy and only find that petitions are revoked if the petitioner dies before the beneficiary(s) immigrate and references to Consulates not issuing visas when the petitioner dies after petition approval. I can find nothing that addresses the specific instance of the death occuring after visas are in hand except one likely interpretation of the first scenario above.

There are certainly other considerations for these folks in that without Grandpa, they may have a tough go in the US. If they can make it on their own, I see a good case for simply using the visas and dealing with any sponsorship or other immigration issues only IF and when they arise, which I would think unlikely. That's not legal advice but what I would probably do in the absense of clear indications to the contrary.

[tammy2688 1]

I've not offered any advice other than to ask those that so cavalierly prompt the OP to simply board a plane and all is well to think through the situation more before making a recommendation.

In fact, I believe there is clear policy on this very situation...one that calls for the approval of the relative petition to be revoked, inter alia, and then for an alien finding him/herself in such a situation to request a reversal of that revocation by the AG provided a substitute sponso is found.

I've been searching for references on such a policy and only find that petitions are revoked if the petitioner dies before the beneficiary(s) immigrate and references to Consulates not issuing visas when the petitioner dies after petition approval. I can find nothing that addresses the specific instance of the death occuring after visas are in hand except one likely interpretation of the first scenario above.

There are certainly other considerations for these folks in that without Grandpa, they may have a tough go in the US. If they can make it on their own, I see a good case for simply using the visas and dealing with any sponsorship or other immigration issues only IF and when they arise, which I would think unlikely. That's not legal advice but what I would probably do in the absense of clear indications to the contrary.

The visas are already in hand and if they ha not been notified and came here, what would happen then? It is so easy to say no way no how, but ten years, and multiple lives, they should not be punished if the petitioner has passed when they already have visas in hand.

To the OP: I pray that you will find a solution to this problem and that you and your family may immigrate to the US after waiting for so long and postoning your lives for such a vast period of time. Please take the time to learn rules and regulations and do not do anything illegal. Because you have the visas, give some serious thought to the points raised by pushbrk.

Tam

Edited December 3, 2008 by tammy2688

[diadromous mermaid 36]

Hmmm. Well

[

b]9 FAM 42.53 N7 DEATH OF PETITIONER[/b]

9 FAM 42.53 N7.1 U.S. Citizen Spouse (CT:VISA-862; 02-27-2007) See 9 FAM 42.42 N5.1.

9 FAM 42.53 N7.2 Other than U.S. Citizen Spouse (CT:VISA-862; 02-27-2007)The death of a petitioner prior to the beneficiary’s travel to the United States results in the automatic revocation of the petition and the loss of the alien’s priority date. However, if you believe that special humanitarian reasons exist which would warrant consideration by DHS of the reinstatement of the petition, you may prepare a memorandum requesting such consideration and forward it with the petition to DHS (see 9 FAM 42.42 N2.2-1).

I believe the aliens will be required to find a substitue sponsor in order to continue their immigration journey.

I've not offered any advice other than to ask those that so cavalierly prompt the OP to simply board a plane and all is well to think through the situation more before making a recommendation.

In fact, I believe there is clear policy on this very situation...one that calls for the approval of the relative petition to be revoked, inter alia, and then for an alien finding him/herself in such a situation to request a reversal of that revocation by the AG provided a substitute sponso is found.

I've been searching for references on such a policy and only find that petitions are revoked if the petitioner dies before the beneficiary(s) immigrate and references to Consulates not issuing visas when the petitioner dies after petition approval. I can find nothing that addresses the specific instance of the death occuring after visas are in hand except one likely interpretation of the first scenario above.

There are certainly other considerations for these folks in that without Grandpa, they may have a tough go in the US. If they can make it on their own, I see a good case for simply using the visas and dealing with any sponsorship or other immigration issues only IF and when they arise, which I would think unlikely. That's not legal advice but what I would probably do in the absense of clear indications to the contrary.

The visas are already in hand and if they ha not been notified and came here, what would happen then? It is so easy to say no way no how, but ten years, and multiple lives, they should not be punished if the petitioner has passed when they already have visas in hand.

To the OP: I pray that you will find a solution to this problem and that you and your family may immigrate to the US after waiting for so long and postoning your lives for such a vast period of time. Please take the time to learn rules and regulations and do not do anything illegal. Because you have the visas, give some serious thought to the points raised by pushbrk.

Tam

[Old Dominion 26]

A little knowledge can be a harmful thing. The citation is worthy indeed but hasn't landed on all four feet. Try again.

[diadromous mermaid 36]

Perhaps you'd rather simply egg-on the OP without consulting or reference to citations, and just wing-it, eh? I'd rather know what I am up against and be prepared. All I can say for your cavalier dismissal of my post is, since the petitioner is deceased, and all applicants for PR are required to have a sponsor "what, then, becomes of the I-864" ?