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theforeigner__94

Death of principal beneficiary

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Hello!

I am seeking for further information about this particular case.

Little summary.

My aunt, us citizen filled for petition for her sister (my mom) in 2006. My family and I live in Italy.

We were waiting for our priority date to be current.

Unfortunately my mother got sick and she passed this year.

We contacted the NVC to comunicate the event.

The petition got cancelled.

However I have found this on the uscis website.

https://www.uscis.gov/green-card/green-card-through-family/basic-eligibility-section-204l-relief-surviving-relatives

I have extracted the main points which I guess fit for our case.

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

• 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;

Residence for the Purpose of Section 204(l) Relief Eligibility • You “reside” in the United States if your “residence” is in the United States. • Your residence is your primary home or your “principal actual dwelling place in fact, without regard to intent.” (See section 101(a)(33) of the Act.) If you can show that your primary home when your relative died--where you were actually living--was in the United States, and it is still in the United States, you may benefit from section 204(l) relief. Certain petitions can have more than one beneficiary. For example, the spouse or child(ren) of the principal beneficiary may be eligible to immigrate along with the principal beneficiary. As long as at least one of the beneficiaries was “residing” in the United States, and is still “residing” here, all of the beneficiaries can benefit from section 204(l) relief. (Note: Unlike certain other petitions, Form I-730 will have only one beneficiary.) Section 204(l) relief eligibility requires that someone must have “resided” here; it does not require physical presence in the United States when the relative died. Residence is not interrupted by incidental travel. Events like a vacation, visiting family, or travel for work do not affect your eligibility for section 204(l) relief.

USCIS has made clear that a person need not have been “physically present” in the US on the date the “qualifying relative” passed away to benefit from its provisions; only that the US was the person’s “principal or actual place of residence,” even if they were physically outside the US at the time of death.

your request must warrant a favorable exercise of discretion, meaning that the “pros” in granting your request outweigh the “cons.” However, USCIS knows that section 204(l) is intended to help people who were put in an unfortunate position because of a sad event that was beyond their control. The intent of the law is a very strong “pro” factor that weighs favorably in the exercise of discretion.

So my question is, is there something we can do about this case? All my relatives live in Us. We dont' have anyone here in italy.

Thanks for the attention.

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I'm very sorry for your loss.

Based on what you are quoting, nothing can be done because you reside in Italy. If you were living in the US then this could apply to you.

Then you also say all your relatives live in the US, but then you and your family live in Italy? Which is it?

For this to apply to you, either you, your sibling(s), if you have any or your father needed to live in the US before your mom passed away.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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I'm very sorry for your loss.

Based on what you are quoting, nothing can be done because you reside in Italy. If you were living in the US then this could apply to you.

Then you also say all your relatives live in the US, but then you and your family live in Italy? Which is it?

For this to apply to you, either you, your sibling(s), if you have any or your father needed to live in the US before your mom passed away.

Because my aunt and my granparents did petition for the family who were living in India. In the meantime they moved to US but we stayed in Italy. We were waiting for the visa but things went to another direction.

Can I ask you a thing. How were we supposed to live in America? I mean, this is the reason why we did a petition: to obtain a residence in the US. Isn't it a paradox? I also read that we had to be resident to us. It's odd.

Mom was in treatments in Italy.

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This is the statement that applies to you. The petitioner is your Aunt. Your mom was the beneficiary and her spouse and children were derivative beneficiaries.

Your visa petition (e.g., Form I-130 or Form I-140) or Form I-730 was pending when your relative died and at least one beneficiary, or derivative beneficiary, resided in the United States when your relative died and continues to reside in the United States.

None of this statement is true for you. Neither the beneficiary nor the derivative beneficiaries resided in the US when the relative died.

---

You were suppose to obtain the visa as a derivative under your mom. Your Aunt was able to file for her sister. Unfortunately they do not offer any relief in your situation. I can not explain why the relief is available to some situations and not yours I am sorry- thats just the way it is. (reside is not the same as having legal status, it simply means place where you live)

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This is the statement that applies to you. The petitioner is your Aunt. Your mom was the beneficiary and her spouse and children were derivative beneficiaries.

Your visa petition (e.g., Form I-130 or Form I-140) or Form I-730 was pending when your relative died and at least one beneficiary, or derivative beneficiary, resided in the United States when your relative died and continues to reside in the United States.

None of this statement is true for you. Neither the beneficiary nor the derivative beneficiaries resided in the US when the relative died.

---

You were suppose to obtain the visa as a derivative under your mom. Your Aunt was able to file for her sister. Unfortunately they do not offer any relief in your situation. I can not explain why the relief is available to some situations and not yours I am sorry- thats just the way it is. (reside is not the same as having legal status, it simply means place where you live)

Certain petitions can have more than one beneficiary. For example, the spouse or child(ren) of the principal beneficiary may be eligible to immigrate along with the principal beneficiary. As long as at least one of the beneficiaries was “residing” in the United States, and is still “residing” here, all of the beneficiaries can benefit from section 204(l) relief. (Note: Unlike certain other petitions, Form I-730 will have only one beneficiary.)

Section 204(l) relief eligibility requires that someone must have “resided” here; it does not require physical presence in the United States when the relative died. Residence is not interrupted by incidental travel. Events like a vacation, visiting family, or travel for work do not affect your eligibility for section 204(l) relief.

In poor words, it means if me and my family stayed illegally in america we could receive relief? then what is the meaning of getting a lawful permanent residence through petition and the long wait? it's a paradox.

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It is a paradox, but yes, that's what it means.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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It is a paradox, but yes, that's what it means.

Do you think that through a lawyer we can unblock this situation?

It has no sense. Really! Showing proof of residence in US when the relative died. How are we supposed to do that? Me, my brother and my father were so busy on how to handle mom's things...

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You situation is unfortunate and sorry about your mom, but the US doesn't owe any foreigner anything as far as immigration to this country. A lawyer cannot help, your path to immigration through your mom was gone the moment she passed.

thanks your words and reply.

so nothing can be done. years and years wasted to wait and nothing can be done in this situation. I say then, that this law of relief is unfair. Truly unfair.

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Do you think that through a lawyer we can unblock this situation?

It has no sense. Really! Showing proof of residence in US when the relative died. How are we supposed to do that? Me, my brother and my father were so busy on how to handle mom's things...

You are not supposed to do that. You cannot as you did not have a residence in the US. Therefore there is no relief for you. I'm sorry but those are the facts.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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I know we can't do that. but I say it again it's a totally paradox. Ask for residence, when we did a petition for having a residence. Sorry I keep repeating the same stuff. It's the situation that makes me really upset.

I'd assume the logic is if you are already living in the US and had a route to residency then it's unfair to take it away. But if you've never lived in the US then your life won't change by having to stay where you are living anyway.

In any case, I'm really sorry about your situation. You can try asking this question at avvo.com

I highly doubt you'll receive different answers.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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if one of your siblings or you or her husband were on a student/work visa in the us at the time I think you would of qualified for that clause.

I'm sorry for your loss

Edited by f f

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It's not a paradox. There are lots of non-immigrant visas that allows a person to temporarily reside in the US. A student visa or work visa would allow a foreign person to reside in the US.

Sorry for your loss, but the relief law is not unfair because at no point were you or your siblings entitled to visas to live in the US. The laws did not change while you were waiting. The rule has always been that if the beneficiary dies before immigrating, then visas can not be issued to derivative beneficiaries. The US Government also advise that visas to immigrate to the US are never guaranteed and people should not count on them while waiting.

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