Deceased Petitioner and Immigrating to the USA

[Boiler 43,791]

Just now, bulls2020 said:

What trump proposed a few days ago regarding having more immigration based on skills (points) and less family based immigration. 

Exactly, what he proposed.

[Dashinka 23,399]

7 minutes ago, SusieQQQ said:

 

It's 90 days in advance, not 6 months. And you can't get citizenship before the 3 years no matter when you file, but it is highly, highly unlikely she will have interviewed and had her oath done by January unless she is truly out in the boondocks with a FO with no backlog. Go back to that processing times link I gave above, and see what it is for N400 at her FO.

I agree with the 90 days, but the processing times are highly variable.  Some local offices are getting through (to the oath) in less than 6 months, but in general, that is optimistic.

 

[WeGuyGal 1,052]

1 hour ago, Boiler said:

What would the compelling humanitarian circumstances be?

Good point

[WeGuyGal 1,052]

33 minutes ago, bulls2020 said:

so approximately 12 months - 24 months would be a reasonable estimate? Probably, likely longer 

 

with the new immigration proposal from the current administration it could go longer. Proposal, nowhere close to being law

 

i hope my niece can get her citizenship and apply before any visa number changes. And the most viable option

 

[payxibka 10,044]

1 minute ago, WeGuyGal said:

 

And could all become moot if we have an administration change 

[SusieQQQ 11,585]

32 minutes ago, Bill & Katya said:

I agree with the 90 days, but the processing times are highly variable.  Some local offices are getting through (to the oath) in less than 6 months, but in general, that is optimistic.

 

But it will be 3 months from when she can file to January, not 6 as the OP mistakenly thought, so even in less than 6 months it is still March or April, not Jan.

[usmantariq88 4]

get a attorney. Dont waste time

[WeGuyGal 1,052]

4 minutes ago, payxibka said:

And could all become moot if we have an administration change 

yep

but for now we'll stick with the current admin

[Hypnos 6,576]

You have two main options available for your sister's original petition filed by your father.

 

The first is 204(l) relief, but this requires that at least one principal or derivative beneficiary of the petition was living in the US (presumably they mean on a nonimmigrant visa) at the time the petitioner passed away. A substitute sponsor would be needed who would be willing to sign an I-864 affidavit of support. This must be either a US citizen or LPR, at least 18 years old, who is your spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian. You can read further details, including how to ask for this relief, here: https://www.uscis.gov/greencard/section-204l-relief-surviving-relatives

 

There is a second form of relief, called humanitarian reinstatement, but that is only available when the petition was already approved when the petitioner died. Since you indicated it was still pending at the time of your father's death, this is not an option in your sister's case.

Edited May 21, 2019 by Hypnos

[bulls2030 17]

1 minute ago, Hypnos said:

You have two main options available for your sister's original petition filed by your father.

 

The first is 204(l) relief, but this requires that at least one principal or derivative beneficiary of the petition was living in the US (presumably they mean on a nonimmigrant visa) at the time the petitioner passed away. A substitute sponsor would be needed who would be willing to sign an I-864 affidavit of support. This must be either a US citizen or LPR, at least 18 years old, who is your spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian. You can read further details, including how to ask for this relief, here: https://www.uscis.gov/greencard/section-204l-relief-surviving-relatives

 

There is a second form of relief, called humanitarian reinstatement, but that is only available when the petition was already approved when the petitioner died. Since you indicated it was still pending at the time of your father's death, this is not an option in your sister's case.

My sister (the applicant) has never been in the US so she was not in the US at the time my father (the petitioner) passed away. So your first option does not work either, correct?

[Hypnos 6,576]

If she was the only beneficiary of that petition, and has never visited the US at all ever, then yes, there are no options on that petition, unfortunately. She would need to pursue another route to immigrate to the US, presumably through other family members as discussed above.

Edited May 21, 2019 by Hypnos

[Ben&Zian 4,397]

2 hours ago, Boiler said:

Exactly, what he proposed.

Can't wait... but yea.. just a proposal... but this is proof of the "chain migration"... with no offense to the OP intended... 1-2 people got what? 6-8 people more in? hence chain migration... come on proposal.

[George & Roth 1,485]

Really hope there is no change to the chain migration. I am looking to get 4-6 more people in first but can't file until 22/23

 

The wait for brothers and sisters to come in is absurdly long. They should really work to cut that wait by at least 75%. 

[SusieQQQ 11,585]

1 hour ago, Ben&Zian said:

Can't wait... but yea.. just a proposal... but this is proof of the "chain migration"... with no offense to the OP intended... 1-2 people got what? 6-8 people more in? hence chain migration... come on proposal.

Chain migration refers to any immigrant bringing another one, usually when people talk "chain" they mean non-spouse or minor child. Like Melania Trump bringing in her parents, or like this example, yes. I personally think it's absurd that full grown adults can be sponsored in on a family basis, even more so when they can lump their families in.  in my opinion the US should be working like most other advanced countries - bring in spouse or minor kids, and assign the remaining immigrant visas on some kind of skills/experience/education points system. I could have got to the US ten or fifteen years sooner if they had had a system like this in place!

Edited May 21, 2019 by SusieQQQ

[Unlockable 7,306]

4 minutes ago, George & Roth said:

Really hope there is no change to the chain migration. I am looking to get 4-6 more people in first but can't file until 22/23

 

The wait for brothers and sisters to come in is absurdly long. They should really work to cut that wait by at least 75%. 

How? 

 

It is not feasible to cut the wait without greatly impacting the rest of the categories.

 

The reason why the wait is so long is because the US is one of the few countries that allow immigrants to bring over family members outside of spouse and children. Cambodia may not even offer petitions for siblings in its country. So when there are so few countries that have this option, the line is going to be very long. So that means people have to wait many years. And I'm sorry, but I would rather give priority of spouses and minor children than siblings.

 

The reason why there is a proposal for a merit based system is because chain migration can not be sustainable forever. US immigration is 66% family based and 20+ % work or education based. That means a person who has a sibling in the US but they have no education, knowledge of English language, or work skills have a better chance to come here than a person who is a college graduate and speaks good English but have no relatives here.

 

The proposal is to simply even the balance.