Death of petitioner before interview

[Syed586425 0]

Hi, hope everyone is doing great There's a serious problem with our immigration visa, My father applied for F3  immigration visa  for his sons and daughters, petition got approved in 2006 but My father passed away before interview. We have completed our medical & now interview is scheduled in 1st week of feb. What should we do now?  Though AOS of support was submitted by my by brother who also lives in usa.

[Boiler 45,658]

Have the Consulate been advised?

[Hypnos 6,576]

If any of the beneficiaries or derivative beneficiaries were present in the US (for example, on an F-1 student visa) at the time the petitioner died, you may be able to claim relief under 204(l):

 

https://www.uscis.gov/greencard/section-204l-relief-surviving-relatives

 

Be aware that the embassy and DoS cannot grant 204(l) relief, only USCIS can, so the request must be made to them. 

 

If you are not eligible for 204(l) relief you may instead ask for humanitarian reinstatement:

 

https://www.uscis.gov/greencard/humanitarian-reinstatement

[Syed586425 0]

13 hours ago, Boiler said:

Have the Consulate been advised?

No

12 hours ago, Hypnos said:

If any of the beneficiaries or derivative beneficiaries were present in the US (for example, on an F-1 student visa) at the time the petitioner died, you may be able to claim relief under 204(l):

 

https://www.uscis.gov/greencard/section-204l-relief-surviving-relatives

 

Be aware that the embassy and DoS cannot grant 204(l) relief, only USCIS can, so the request must be made to them. 

 

If you are not eligible for 204(l) relief you may instead ask for humanitarian reinstatement:

 

https://www.uscis.gov/greencard/humanitarian-reinstatement

Thank you

[AHegypt 0]

Is it worth applying for sec204 if someone believes that he qualifies? 

[Hypnos 6,576]

That's entirely up to you and your individual circumstances, and how much you want to live in the US.