Deceased Petitioner and Immigrating to the USA

[bulls2030 17]

Need some advice regarding our situation.

 

My father (a US Citizen) filed an I-130 for my married sister in February 2007. My father passed away in April 2010. 

Going through the notices we received, my sister received her I-130 approval from USCIS in August 2010. 

 

My sister recently received her notice from NVC. We mentioned to them in an email that the petitioner, my father, has passed away and they asked for his death certificate which we emailed recently. Still waiting to hear back from them.

 

Our mother (my deceased father's wife) is currently living with me in the US (she has a green card for over 10 years) and my brothers all immigrated to the US a while back and are all US Citizens. My sister's only child  also got married and immigrated to the United States a few years ago and is a greencard holder.

 

I was just searching regarding how the immigration process works for a deceased petitioner and to my surprise it seems that the application would be revoked. Is that true for our situation? My question is, is there any hope for my sister and her husband to immigrate to the US since my father passed away (and my brothers and mother have been in the US)? She has been waiting all these years and most of her family has immigrated to the US and she would like to move here as well to be with family.

 

I would appreciate if there is any advice if there is any way she can still immigrate to the US. We should not have an issue supporting them. 

 

Thank you

[MrsCrabs 24]

Since your mom has been in US as a green card holder for over 10 years, cant she get a citizenship and after that petition your sister as an immediate relative? I guess your sister is over 21 years old so it wont be quick anyway.

Edited May 21, 2019 by MrsCrabs

[Boiler 43,619]

What would the compelling humanitarian circumstances be?

[bulls2030 17]

2 minutes ago, MrsCrabs said:

Since your mom has been in US as a green card holder for over 10 years, cant she get a citizenship and after that petition your sister as an immediate relative? 

Unfortunately she does not qualify for citizenship at this time since she stayed in her home country for about 1 year recently. 

[Boiler 43,619]

When will her daughter be able to naturalise?

[MrsCrabs 24]

2 minutes ago, bulls2020 said:

Unfortunately she does not qualify for citizenship at this time since she stayed in her home country for about 1 year recently. 

But she was allowed to enter US after that, right? She can be naturalized under 5 year rule and if its only one year out of 10 she was abroad, shouldn`t be an issue. 

[bulls2030 17]

1 minute ago, MrsCrabs said:

But she was allowed to enter US after that, right? She can be naturalized under 5 year rule and if its only one year out of 10 she was abroad, shouldn`t be an issue. 

she has stayed more than 1 year on a few occasions. 

[bulls2030 17]

5 minutes ago, Boiler said:

When will her daughter be able to naturalise?

Daughter should be able to apply for naturalization around August and should be naturalized after January.

How long does it usually take if a US Citizen Child applies for parents?

[payxibka 10,044]

5 minutes ago, MrsCrabs said:

But she was allowed to enter US after that, right? She can be naturalized under 5 year rule and if its only one year out of 10 she was abroad, shouldn`t be an issue. 

This might trip them up. 

 

Demonstrate continuous residence for at least 5 years immediately before the filing of the N400.  

 

Then there is the physical "presence" for 30 out of the last 60.

Edited May 21, 2019 by payxibka

[MrsCrabs 24]

1 minute ago, bulls2020 said:

Daughter should be able to apply for naturalization around August and should be naturalized after January.

How long does it usually take if a US Citizen Child applies for parents?

If I`m not mistaken, about a year or longer depending on country of origin.

[bulls2030 17]

2 minutes ago, payxibka said:

This might trip them up. 

 

Demonstrate continuous residence for at least 5 years immediately before the filing of the N400.  

Yea. Naturalization is not an option for her right now. 

[Boiler 43,619]

6 minutes ago, bulls2020 said:

Daughter should be able to apply for naturalization around August and should be naturalized after January.

How long does it usually take if a US Citizen Child applies for parents?

That would be a very quick naturalisation, anyway about a year or after she is naturalised.

[geowrian 22,336]

20 minutes ago, MrsCrabs said:

But she was allowed to enter US after that, right? She can be naturalized under 5 year rule and if its only one year out of 10 she was abroad, shouldn`t be an issue. 

Presumably continuous residence was broken (which is a different item than being admitted as an LPR).

[SusieQQQ 11,584]

It's unfortunate that your family didn't look into this after your father's death. I know you say you're surprised - but these visas are family reunification visas, and if someone is deceased there can be no basis for reunification (USCIS doesn't automatically assume there are other family members let alone those who are in the correct status to be a sponsoring relative.) We see a lot of talk about substitution of relatives on VJ but it seems very few successful cases. To be honest, in your shoes I would be consulting with a good immigration attorney to see what f any options you have for another relative to take over the petition, or (which may be unfortunately a more likely outcome) whether it's time for someone else to file for your sister. It would be helpful to the forum in general if you can update the case with what you are advised/plan to do.

 

I'm also wondering about the fact that the petitioner died before the petition was even approved. 

 

 

Edited May 21, 2019 by SusieQQQ

[bulls2030 17]

3 minutes ago, SusieQQQ said:

It's unfortunate that your family didn't look into this after your father's death. I know you say you're surprised - but these visas are family reunification visas, and if someone is deceased there can be no basis for reunification (USCIS doesn't automatically assume there are other family members let alone those who are in the correct status to be a sponsoring relative.) We see a lot of talk about substitution of relatives on VJ but it seems very few successful cases. To be honest, in your shoes I would be consulting with a good immigration attorney to see what f any options you have for another relative to take over the petition, or (which may be unfortunately a more likely outcome) whether it's time for someone else to file for your sister. It would be helpful to the forum in general if you can update the case with what you are advised/plan to do.

 

 

Well my sister's daughter has immigrated to the US through marriage and she will be a citizen after January 2020. So it seems that may be another option for my sister's daughter to apply for her. But how long does that process take?