Jump to content
Syed586425

Death of petitioner before interview

4 posts in this topic

Recommended Posts

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.

Share this post


Link to post
Share on other sites

Have the Consulate been advised?


“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.”

Share this post


Link to post
Share on other sites

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


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×