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Petitioner deceased - humanitarian reinstatement possible?

By Sehaj in Bringing Family Members of US Citizens to America

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Sehaj Rookie

Sehaj   0

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My grandfather filed form I-130 petition for married sons and daughters. While he was alive the petition got approved. In 2015 he died. My paternal uncle in U.S filed form I-864. Case was under administrative processing in NVC , then NVC sent it back to USCIS stating that it has received information that petitioner is deceased. What is the solution to this? Is there any scope that USCIS review it and we may be called for interview? humanitarian reinstatment ground for petition to be reinstated has to be taken before USCIS OR NVC? 

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Ebunoluwa
Ebunoluwa

I would make a phone call to the lawyer first to even understand what your options are. There is a law that close family members are protected when the petitioner dies. I don't know any more details

Neevs&day
Neevs&day

Plz don't expect anything from USCIS as they returned the case. Better ask your uncle to approach congressman or senator office, it will help. Usually a petition once returned, expired in 90 days afte

Ebunoluwa
Ebunoluwa

Your comment is incorrect. I-130 petitions do not expire after 90 days. The main point here is that the petitioner is deceased and there is a process in place by a protective law which was put in pl

Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

This lawyer would be worth consulting for this specific situation, he is an expert on it.

http://www.entrylaw.com/people/brentrenison

 

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted
6 minutes ago, Sehaj said:

Thanks for your response. 

May I please know if I can write a letter to senator or congress on this issue since I am in India? 

I would make a phone call to the lawyer first to even understand what your options are. There is a law that close family members
are protected when the petitioner dies. I don't know any more details.
You can also email the lawyer. Brent Renison fought for that law and made it possible that's why I suggested him.
If you are not a USC living in the US then a senator will not be of help unless your USC uncle can contact them.
Chances are the senator's immigration aid will not be as familiar with your situation as you may think.
It is best to contact a lawyer and then if you need help later contact the senator and tell them what you want them to do on your behalf, they will
not just do it for you but do things like inquire about status processing times etc, steps to take are better laid out from a lawyer.
Link here from another law firm >>http://www.salmonhaas.com/happens-immigration-petitioner-dies/
Here is something about it from USCIS >> https://www.uscis.gov/greencard/section-204l-relief-surviving-relatives


 

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Sehaj Rookie

Sehaj   0

Posted
Timeline
  • Author
Posted

Thanks alot for your quick response.

I would be thankful  if you can contact the lawyer to let me know options left with us since its been almost 13 years that we were waiting for this and now at this time NVC returned our petition to USCIS for withdrawal.

milimelo Veteran

milimelo   4,500

Posted
Filed: Citizen (apr) Country: Bosnia-Herzegovina
 Timeline
Posted

~Post split from unrelated topic. Do not tack on your case questions to someone else's topic. Create a new thread. Keep all future comments on your issue in this thread. ~

 

vj moderation

ROC 2009
Naturalization 2010

Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted
3 minutes ago, Sehaj said:

Thanks alot for your quick response.

I would be thankful  if you can contact the lawyer to let me know options left with us since its been almost 13 years that we were waiting for this and now at this time NVC returned our petition to USCIS for withdrawal.

Sorry but I can't do that. You are he one or your uncle who should email the lawyer. Go to the web site and find the contact number.
I do not get involved in other people's cases like that.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Boiler Grand Master

Boiler   45,658

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

What is the basis for reinstatement?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Neevs&day Contributor

Neevs&day   5

Posted
Filed: K-1 Visa Country: India
 Timeline
Posted
18 hours ago, Sehaj said:

My grandfather filed form I-130 petition for married sons and daughters. While he was alive the petition got approved. In 2015 he died. My paternal uncle in U.S filed form I-864. Case was under administrative processing in NVC , then NVC sent it back to USCIS stating that it has received information that petitioner is deceased. What is the solution to this? Is there any scope that USCIS review it and we may be called for interview? humanitarian reinstatment ground for petition to be reinstated has to be taken before USCIS OR NVC? 

Plz don't expect anything from USCIS as they returned the case. Better ask your uncle to approach congressman or senator office, it will help. Usually a petition once returned, expired in 90 days after the date of retiring to USCIS. If you will go through the congressman or senator, you will get to know of the petition is still alive or not. USCIS can not give them wrong information and they will have to reply their request at any cost. USCIS will not answer you back and inform you that your petition is expired. Once you will get to know what is the actual situation is there, act accordingly. If congressman or senator reply you that your petition is alive, then request them to intermediate and expedite the process. If they answer that petition is expired, fill the new petition and keep the congressman or senator I'm involved. Their recommendation will help in your case for sure.

Neevs&day Contributor

Neevs&day   5

Posted
Filed: K-1 Visa Country: India
 Timeline
Posted
8 hours ago, Sehaj said:

Thanks again. I have contacted to the lawyer through email.  Waiting for his response.

 

Lawyer is not going to reply your email, most probably. All your uncle to contact them locally. Lawyer's Consultation is expensive here, however there are few lawyers who give free consultation. 

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

 Do you meet this requirement  -----

In addition, at least one beneficiary, or derivative beneficiary, resided in the United States when the relative died and continues to reside in the United States when seeking relief. The Department of Homeland Security (DHS) may decline to provide relief if it determines, in its discretion, that doing so would not be in the public interest.

This will not be over quickly. You will not enjoy this.

Neevs&day Contributor

Neevs&day   5

Posted
Filed: K-1 Visa Country: India
 Timeline
Posted
7 minutes ago, Sehaj said:

Thanks Neevs&day. So far didn't got any response from the lawyer.

Actually NVC has returned the petition to USCIS for withdrawal. I would make a phone call to my uncle so that he may contact senator office.

 

 

If he is your real uncle, brother of your father or mother? I advise you to file new petition if old one is withdrawal by USCIS.

 
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