Petitioner has to be alive?

[Visitor User 229]

Hello. I have an approved I-130 and current doing AOS.

 

Does the petitioner has to be alive at least till a decision is made on AOS or day of interview?

Edited January 3, 2019 by Visitor User

[SalishSea 16,748]

3 minutes ago, Visitor User said:

Hello. I have an approved I-130 and current doing AOS.

 

Does the petitioner has to be alive at least till a decision is made on AOS or day of interview?

Well this is creepy.  Care to explain further?

[Alabamak1 688]

3 minutes ago, Jorgedig said:

Well this is creepy.  Care to explain further?

Please correct me if I am wrong, but when i did AOS through my sister, that is something i came across. To answer OP, yes, the petitioner needs to be alive till the GC or benefit is granted. Not neccesarely in the interview, but till the process has been adjudicated

[EandH0904 1,184]

It prob depends on what type of 130. A widow(er) of a deceased USC can still continue.  

 

https://www.uscis.gov/greencard/widower

[Visitor User 229]

44 minutes ago, Jorgedig said:

Well this is creepy.  Care to explain further?

I was just asking because I heard if the petitioner passes away then the beneficiaries’ application of AOS gets cancelled. That is why I did two I-130 initially from 2 different USC.

[Visitor User 229]

42 minutes ago, Alabamak1 said:

Please correct me if I am wrong, but when i did AOS through my sister, that is something i came across. To answer OP, yes, the petitioner needs to be alive till the GC or benefit is granted. Not neccesarely in the interview, but till the process has been adjudicated

Life is unpredictable so that is why I did two I-130s. One from my USC mother and other from my USC brother.

 

Adjudicated meaning a final decision was made?

[Visitor User 229]

42 minutes ago, EandH0904 said:

It prob depends on what type of 130. A widow(er) of a deceased USC can still continue.  

 

https://www.uscis.gov/greencard/widower

Approved I-130. USC mother.

[Visitor User 229]

I found this:

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter9.html

 

Still not sure. 

[NigeriaorBust 4,087]

 If your mother dies you may be eligible for humanitarian reinstatement because you are in the US as is your brother. Someone with more experience will chime in soon 

[Visitor User 229]

8 minutes ago, NigeriaorBust said:

 If your mother dies you may be eligible for humanitarian reinstatement because you are in the US as is your brother. Someone with more experience will chime in soon 

Thanks.

[Going through 5,668]

7 hours ago, Visitor User said:

Approved I-130. USC mother.

If your mother passed away, you can request humanitarian reinstatement (by written letter explaining why you are making the request, and why it should be considered) with the USCIS office that has jurisdiction over your AOS case.

 

Along with the death certificate, you would also have to find another eligible sponsor for a new i-864 (since obviously the deceased person can no longer act as your sponsor).  In humanitarian reinstatement cases, the new sponsor must be a USC (they cannot be a LPR),  but ALSO be someone who is currently living in the States, AND be related to you.

 

Approvals of humanitarian requests normally involve several factors such as the amount of time you've legally been present in the US,  the strength of your ties to the US as opposed to your ties in your home country (unlike tourist visa applications, this is where they want to see MORE ties to the US), immediate family in the US (ie. any USC children of yours that would be affected if you were denied), etc.   This is the type of stuff you would want to mention in your written request.

 

Keep in mind that there's no appeals process, and there are really not many "rules" on how the criteria must be met---in other words, approval based on humanitarian reasons is almost entirely subjective and at the discretion of the person adjudicating.

 

 

 

Edited January 3, 2019 by Going through