the petitioner is dead

[jellyganda 3]

can u help my cousin.. her situation is his u.s citizen father petition them in 2002. The 3 siblings got in the u.s but the eldest did not make it bcoz she is over age that time.. so now her priority d8 got current on 2014 she pass all d documents needed pay all the fees then her brother is her choice of agent now then fill up her ds -260.. then suddenly august 2013 her fathet died.. now her interview is on feb 20, 2014.. what is she going to do now? Is that true that if ur petitioner is dead ur petition is dead too? Pls help tnx!

[Tim/Mav 305]

Yes, it is true that if the Petitioner passes it would be Void. However, you said there are 3 sibling already in the US. They can Petition but it starts allover again. Correct me Members if I'm wrong.

[jellyganda 3]

What about if she go to her interview and act that her petitioner is still alive? Any complications maybe?

What about if she go to her interview and act that her petitioner is still alive? Any complications maybe?

[Tim/Mav 305]

What about if she go to her interview and act that her petitioner is still alive? Any complications maybe?

What about if she go to her interview and act that her petitioner is still alive? Any complications maybe?

OH PLEASE. NOT

[jellyganda 3]

OH PLEASE. NOT

What complications are possible to come in her way?

OH PLEASE. NOT

What complications are possible to come in her way?

[mel.d 0]

I'm no expert, but I would imagine that such an obvious lie would result in a visa denial and probably some form of ban.

[Phillip Kazuto 28]

She might be able to immigrate still by requesting reinstatement to USCIS.

Edited January 14, 2015 by Phillip Kazuto

[Phillip Kazuto 28]

Provided that the petition was approved before the dead of the petitioner , She might be able to immigrate still by requesting reinstatement to USCIS.

Steps :

1. Find a Substitute Financial Sponsor ( Can her brother do that ? ).

This financial sponsorship is an important aspect of serving as an immigrant's petitioner. If the petitioner die, USCIS would expect your immigrant relative to come up with a substitute sponsor to take on this role, in order for the green card application to continue.

* Note : By signing Form I-864, you are promising to financially support your immigrant relative(s) in the U. S., and demonstrating that they will not become a burden to the U.S. government.

2. The substitute Financial Sponsor will have to fill out form I-864 , Proof that he is related to the immigrating relative , Photocopy of the USCIS approval notice for immigrant's Form I-130 , Death certificate of the initial sponsor and finally a copy of identification showing that he is either USC or LPR ( greencard or passport).

3. After gathering all the things , all of them will have to send to USCIS.

They will review and should notify back a week or two.

Edit : The embassy will soon notify about the death of her petitioner then the case will return back to USCIS.

Edited January 14, 2015 by Phillip Kazuto

[jellyganda 3]

can u help my cousin.. her situation is his u.s citizen father petition them in 2002. The 3 siblings got in the u.s but the eldest did not make it bcoz she is over age that time.. so now her priority d8 got current on 2014 she pass all d documents needed pay all the fees then her brother is her choice of agent now then fill up her ds -260.. then suddenly august 2014 her fathet died.. now her interview is on feb 20, 2015.. what is she going to do now? Is that true that if ur petitioner is dead ur petition is dead too? Pls help tnx!

I corrected my dates.. sorry for that.. anyway thank u for all ur response about this matter.. im afraid my cousin is sticking w/ her plans in lying about the death of her father

[Phillip Kazuto 28]

USCIS could revoke the I-130 petition based upon the death , so having her siblings petition her again as Plan B is advisable.

[Phillip Kazuto 28]

I corrected my dates.. sorry for that.. anyway thank u for all ur response about this matter.. im afraid my cousin is sticking w/ her plans in lying about the death of her father

Lying during interview will get her long term ban if she/he manages to get the interview , USCIS will inform the embassy soon so he/she will not get the interview.

[jellyganda 3]

Lying during interview will get her long term ban if she/he manages to get the interview , USCIS will inform the embassy soon so he/she will not get the interview.

She got her IL on jan 6 dated feb 20 2015 @ 6am.. so she assumed that the nvc did not know about the death of her petitioner so she decided to go w/ her interview this feb.. do nvc/uscis check the deaths of every body applying for a visa? Jst asking..

[Phillip Kazuto 28]

She got her IL on jan 6 dated feb 20 2015 @ 6am.. so she assumed that the nvc did not know about the death of her petitioner so she decided to go w/ her interview this feb.. do nvc/uscis check the deaths of every body applying for a visa? Jst asking..

It's not that they check the death status of everyone but they check the info about the petitioners , the sponsors and the beneficiaries prior to interview.

[NigeriaorBust 4,087]

They will ask her about her father during the interview and if she lies she will get a lifetime ban for misrepresentation.

[jellyganda 3]

Thank u guys for all ur inputs.. I will share this to my cousin..