VERY URGENT - PLS HELP

[newbieca 0]

Hello All...

SORRY If i have put this in wrong section...

As most of you know we got the visa.

But sad news is that our petitioner is no more. He just expired.

We are planning to go to usa day after tomorrow.

Will we be allowed to enter USA.

Is there anything we need to present like any kind of docs...

Any other formality to be done ?

We tried to contact Attorney in usa but everyone is on leave due to black friday. couldn't find a good immigration attorney here where we live.

We are in India right now.

Please help. Any and all replies will be appreciated.

P.S - IF ANYONE KNOWS OF ANY IMMIGRATION ATTORNEY WORKING TODAY IN USA PLEASE LET ME KNOW TOO..

[NigeriaorBust 4,087]

You didn't state what visa you were approved for . If it is a K1/k2 no you can't. Other visas there may be ways to still use them if there is another family member to act as a substitute sponsor. Did the petitioner pass AFTER the approval ?

[aleful 1,905]

Hello All...

SORRY If i have put this in wrong section...

As most of you know we got the visa.

But sad news is that our petitioner is no more. He just expired.

We are planning to go to usa day after tomorrow.

Will we be allowed to enter USA.

Is there anything we need to present like any kind of docs...

Any other formality to be done ?

We tried to contact Attorney in usa but everyone is on leave due to black friday. couldn't find a good immigration attorney here where we live.

We are in India right now.

Please help. Any and all replies will be appreciated.

P.S - IF ANYONE KNOWS OF ANY IMMIGRATION ATTORNEY WORKING TODAY IN USA PLEASE LET ME KNOW TOO..

can you explain a little more?

did you already have your interview and you residency was approved? or not yet? who was the petitioner?

Edited November 26, 2010 by aleful

[newbieca 0]

Hello

Thanks for your reply guys..

Yes it was F3 category. US CITIZEN father petitioned for married child and family.

We had our interview in india already and got our visa stamped. we got visa last month.

Father passed away just 2 days ago.

we already got our visa stamped for usa since last month.

Please let me know wat to do now..?

[hheaven67 2]

Good luck on your journey...hope this helps you:

My sister petitioned for my visa way back in 1997 and it was only approved in 2005. This was the same year that she passed away.

Now in 2009, the NVC sends me the DS3032 form.

Her husband and adult children are still around. Can they be my sponsors?

Death of a Petitioner or Principal Applicant

October 19, 2006

Q: Am I still eligible for immigration if the original petitioner has died?

Typically, when the visa petitioner dies, the approved I-130 petition originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.

The Act allows the substitution of an alternative sponsor if the original sponsor has died and the Attorney General has determined that the petition should not be revoked for humanitarian reasons. The substitute sponsor must be a U.S. citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and resident in the United States. The substitute sponsor must also be related to you as one of the following: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. As in the case of other sponsors, the sponsor must maintain an annual income equal to at least 125 percent of the Federal Poverty Guidelines.

Q: How can I reinstate a visa petition that was revoked by the death of the original petitioner?

In order to seek reinstatement of the visa petition, you must submit a statement to the United States Citizenship and Immigration Services (USCIS) office in the U.S. where the original visa petition was filed formally requesting reinstatement of the visa petition. The statement should list reasons why your case warrants reinstatement, such as your ties to the United States, or hardship that would occur to you if the request for reinstatement were not granted.

You must also include with your reinstatement request a Form I-864 Affidavit of Support completed by a “substitute sponsor”. This substitute sponsor is filing the I-864 in place of the deceased petitioner, and must meet all of the financial requirements of a sponsor pursuant to the Immigration and Nationality Act 213A.

With your reinstatement request you must provide documentary evidence of the death of the original petitioner, plus documentation of the relationship between you and the substitute sponsor. Finally, include a copy of your approved I-130, if available.

Q: What happens if the beneficiary of an immigrant visa dies?

In the case of the death of the principal applicant prior to admission to the U.S., the petition is no longer valid. This means that the consular officer will not be able to issue a visa to any of the derivatives of the petition and will be required to return the petition to the Department of Homeland Security (DHS). If the principal applicant has already immigrated to the US and is a legal permanent resident (LPR) when the petitioner dies, the derivative applicants (usually the children of the principal applicant) are generally still eligible to apply for an immigrant visa.

You should be able to find more info if you type in your search "F3 visa petitioner dies"...sorry for your loss...

jen

Edited November 27, 2010 by hheaven67

[NigeriaorBust 4,087]

USCIS substitute sponsor or Affidavit of support with substitute sponsor Are 2 articles that talk about the use of substitute sponsors.

[newbieca 0]

Thanks for your reply..

we have cancelled our tickets.

Thank You again. Will update you once we get any updates

[damulag 26]

If they have their visas in the passport then there is NO PETITION. How would they know at the poe that the person had passed away?. I would think that it would be no different than if they entered the US and the petitioner died that day. The embassy will not be asking for any other documents and once you enter the us you will get your green card in the mail.

[NigeriaorBust 4,087]

If they don't get a substitute sponsor the original sponsors estate would have to escrow the cash amount for sponsorship for years. Death terminates the original sponsors responsibility ( no duh ) but that sponsors estate becomes responsible. This could prevent his family from access to a huge part of his estate for a long time

[damulag 26]

If they don't get a substitute sponsor the original sponsors estate would have to escrow the cash amount for sponsorship for years. Death terminates the original sponsors responsibility ( no duh ) but that sponsors estate becomes responsible. This could prevent his family from access to a huge part of his estate for a long time

The sponsors esatae is only responsible for claims initiated prior to the sponsors death.

Link

If the sponsor dies after the principal applicant has immigrated to the United States but before all qualified family members who are traveling later (following to join) have immigrated, can they obtain another sponsor?

Yes. A substitute sponsor may serve as the sponsor in such circumstances. The substitute sponsor must be an American citizen or lawful permanent resident, at least eighteen years of age, domiciled (living) in the United States and having sufficient income.

The substitute sponsor must be related to the applicant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent or grandchild.

The death of the sponsor ends any obligation to the sponsored immigrant(s), but the sponsor's estate remains liable for any requests for repayment of benefits that arose before the sponsor's death.

[aleful 1,905]

Thanks for your reply..

we have cancelled our tickets.

Thank You again. Will update you once we get any updates

why have you cancelled? you already passed the interview? you are a LPR, you can come to the US. So sorry for your father passing away.

[michaillah07 2]

Hi,

I am sorry for your loos. Ok, let's make this clearer. You already have your passport visa stamped and were ready to enter the U.S. However, your petitioner passed away a couple of days after you got your visa. I believe you are fine and would have been alright to enter the U.S. But because you were an honest person, you wanted to made sure everything was OK before entering the country. USCIS's reinstatement of visa provision only applies IF and WHEN the petitioner dies after the petition was approved. Note, the "petition". Let's not be confused with the "petition" and the "visa". Our fellow VJayer here already have the visa stamped on his passport before the petitioner passed away. At any rate, I wish you good luck on your journey and post your update here when it becomes available.

Michaillah

[newbieca 0]

Hi

Thanks everyone for your replies..

I am confused as i have got different answers from diff persons.

Let me make clear again.

We got our visa stamped already. We have been interviewed by us embassy last month and got our visa stamped.

Unfortunately, our petitioner passed away before we go to usa.

Petition was approved before six months, we got interviewed and got visa stamped. Hence i was confused. As i read the law and it states that if "Petition" is approved and petitioner passes away then we can reinstate on humanatirian grounds. But what if "VISA" is already been issued ??

I guess if we have "visa" we are still eligibile to enter usa ? i am still confused as law doesn't mention any consequences if someone has already got the visa and then petitioner passes away.

Thank You everyone...Appreciate it

P.S = we cancelled our tickets just to make sure...

[NigeriaorBust 4,087]

Here is a post from an attorney about a case like yours Reference

[damulag 26]

Here is a post from an attorney about a case like yours Reference

I still think they are referencing after the petition is approved and the priority date/interview and visa issuance. I think the "attorney" in the link did not read the question correctly. An approved petition is just a place in line leading to the visa issuance.