Jump to content
Sign in to follow this  
criss

humanitarian reinstatement (death of the petitioner)

8 posts in this topic

Recommended Posts

Filed: Timeline

hello everyone.

my dad was petitioned by my late grandmother 17 yrs ago, 16 years later, my grandmother died, (last year) we have received a letter from the NVC that our case is now approved for further processing., i have learned that we can appeal for our case as long as we will a a family member who will be our substitute sponsor. my questions are:

should we hire a lawyer for this?

should the substitute sponsor write to uscis/nvc or my dad?

how long does it take for a the letter to be reinstated?

any of you had this experience?

much appreciated.

Share this post


Link to post
Share on other sites

I think your best bet would be to hire a GOOD lawyer.

This problem sounds much too tricky for the general public to have an answer for.

Good Luck.

Please post how this turns out.

-Phil


kp7cnfvctuzu.png

Share this post


Link to post
Share on other sites

my dad was petitioned by my late grandmother 17 yrs ago, 16 years later, my grandmother died, (last year) we have received a letter from the NVC that our case is now approved for further processing., i have learned that we can appeal for our case as long as we will a a family member who will be our substitute sponsor. my questions are:

Was the petition approved before or after your grandmother's death?

http://www.uscis.gov...L107_150Pub.pdf

Section 213A(f)(5)(B)(i) specifically states that the visa petition must be approved prior to the death of the petitioner in order for the beneficiary to be eligible for permanent residence. The INS has no authority to approve a visa petition following the petitioner's death. Dodig v.

INS, 9 F.3d 1418 (9th Cir. 1993)

Share this post


Link to post
Share on other sites
Filed: Other Country: Ukraine
Timeline

hello everyone.

my dad was petitioned by my late grandmother 17 yrs ago, 16 years later, my grandmother died, (last year) we have received a letter from the NVC that our case is now approved for further processing., i have learned that we can appeal for our case as long as we will a a family member who will be our substitute sponsor. my questions are:

should we hire a lawyer for this?

should the substitute sponsor write to uscis/nvc or my dad?

how long does it take for a the letter to be reinstated?

any of you had this experience?

much appreciated.

Wow!! It took 17 years for the NVC to make a decision? And some people complain about a few weeks... :bonk:

Seriously, your best bet is to see a lawyer on this one.....and I'm usually the last person to recommend the "L" word, but in your case it's probably the best bet. You need legal on this one...Good luck and God Bless!!


~Johnny~

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Vietnam
Timeline

Wow!! It took 17 years for the NVC to make a decision? And some people complain about a few weeks... headbonk.gif

Seriously, your best bet is to see a lawyer on this one.....and I'm usually the last person to recommend the "L" word, but in your case it's probably the best bet. You need legal on this one...Good luck and God Bless!!

Different type of visa Johnny... bringing relatives can take forever...


"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

Share this post


Link to post
Share on other sites

It sounds like the petition was approved a while back...it's just that given the category the beneficiary falls in, its taken this long for a visa # to become available for the person in question, and the country of origin.

Edited by Minya's wife

funny-dog-pictures-wtf.jpg

Share this post


Link to post
Share on other sites

hello everyone.

my dad was petitioned by my late grandmother 17 yrs ago, 16 years later, my grandmother died, (last year) we have received a letter from the NVC that our case is now approved for further processing., i have learned that we can appeal for our case as long as we will a a family member who will be our substitute sponsor. my questions are:

should we hire a lawyer for this?

should the substitute sponsor write to uscis/nvc or my dad?

how long does it take for a the letter to be reinstated?

any of you had this experience?

much appreciated.

OK Criss I will copy this here too as you have so many posts that have the exact same question

not in that situation but i thought this would be interesting reading for you

9 FAM 40.41 N5.4 Sponsor When the Petitioner Has Died

(CT:VISA-1317; 09-24-2009)

a. The Family Sponsor Immigration Act of 2002 remedies the situation of an

alien whose petitioner has died by amending INA 212(a)(4)©(ii) and

INA 212A(f)(5) Public Law 107-150. The amended INA 213A ( F )(5)

creates a way in which a person other than the visa petitioner can

sponsor an alien.

Section 213A( f )(5)(B) now allows certain family

members to become “substitute sponsors” if a visa petitioner dies

following approval of the visa petition, but before the beneficiary obtains

his or her permanent residence. If the visa petition was approved prior to

the death of the petitioner, the Secretary of Homeland Security (DHS),

may, in its discretion, reinstate the petition for humanitarian reasons, (8

CFR 205.1(a)(i)©, and that the original sponsor’s petition should not be

revoked. (See 9 FAM 42.42 PN2.) The alternative sponsor must be the

spouse, parent, mother-in-law, father-in-law, sibling, child (at least 18

years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law,

brother-in-law, grandparent, or grandchild of the sponsored alien, or the

legal guardian of the sponsored alien. The alternative sponsor must meet

the other criteria outlined in 9 FAM 40.41 N5.2.

b. Eligibility of derivative applicants seeking to follow-to-join a principal

applicant who has already acquired lawful permanent resident (LPR)

status is dependent on the continuing LPR status of the principal, not on

the status of the petitioner. Therefore, if the petitioner dies after the

principal applicant has already become an LPR and one or more derivative

applicants seek to follow to join the principal applicant, the derivatives

retain eligibility to follow-to-join despite the death of the petitioner, and

there is no need for reinstatement of the petition. In such circumstances,

the derivative applicant seeking to follow-to-join is inadmissible unless an

alternative sponsor, as described in paragraph a above, executes a Form

I-864 with respect to the derivative applicant. The alternative sponsor

may not file a Form I-864-EZ.

* information quoted from: U.S. Department of State Foreign Affairs Manual Volume 9 - Visas


2007-08-21Met through dating site

2007-10-12Hubby's first visit/met me and picked him up in Davao International Airport

2007-10-17Officially engaged to my one and only love hubby & formally proposed in front of my family

2007-10-22Flew back to the US

2008-02-022nd visit of my hubby and picked him up at Cebu International Airport

2008-02-04Went into the US embassy Cebu to get his certificate of legal capacity

2008-02-05Flew back together into Davao City and drove to Tagum City

2008-02-27Our awaited precious moment the WEDDING DAY!!!!

2008-03-04Hubby Flew back to the US

2009-05-013rd visit of my hubby and picked him up at Hong Kong International Airport

2009-05-02We went to Hong Kong disneyland (pretty amazing)

2009-05-03Flew back together into Manila and got his balikbayan visa to stay here with me for one year

2009-12-24First time we celebrate together the Christmas Eve (very much awesome!)

2009-12-31First time we celebrate together the New Years Eve (very much happy)

2010-01-07We celebrate together on his Birthday!

2010-01-15Celebrate together on his cutie wifey Birthday!

2010-01-25Sent I-130

2010-01-27Manila consulate received

2010-03-31I-130 approved(66 days)

2010-04-15NOA2 received

2010-04-22Packet 3 received(YaY)

2010-04-24DS230I & DS2001 Sent

2010-04-26Manila consulate received

2010-05-06Packet 4 received(Yepeyy)

2010-05-26-MEDICAL 7:00am(Passed)

2010-06-17-INTERVIEW 7:00 AM VISA APPROVED !!!!!!!!!!!!!!!!!!!!!!!!!!!! thank you Lord !!!

2010-06-19 Recieved passport with visa via Air21 so fastttttt !!

2010-07-16 POE Detroit

2010-07-26 Recieved SS card

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...