Deceased Petitioner and Immigrating to the USA

[Sandra G. 5,021]

21 hours ago, bulls2020 said:

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

Your sister should ask to  the field office that approved the l130 for HUMANITARIAN REINSTATEMENT  and she must submit a new form  l864(copy of the sponsor’s documents),proof of the l130 approval ,a copy of the death certificate, a copy of her birth certificate as well and a letter explaining  why she deserves to have the humanitarian reinstatement granted .

[Vinn 3]

22 hours ago, bulls2020 said:

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

Have your sister's child petition her mom when she becomes a US citizen.

[SusieQQQ 11,585]

1 hour ago, sandranj said:

Your sister should ask to  the field office that approved the l130 for HUMANITARIAN REINSTATEMENT  and she must submit a new form  l864(copy of the sponsor’s documents),proof of the l130 approval ,a copy of the death certificate, a copy of her birth certificate as well and a letter explaining  why she deserves to have the humanitarian reinstatement granted .

The petition doesn't qualify for humanitarian reinstatement because petitioner was deceased before it was approved. Discussed upthread already.

[Amadia 711]

Hi,

I admittedly have not read the other responses to the thread. OP, maybe these 2 links can help answer your question:

 

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

 

2. https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3007.html

 

Sometimes the right way tends to take a bit longer but the right and legal way is always better  

[Sandra G. 5,021]

6 hours ago, SusieQQQ said:

The petition doesn't qualify for humanitarian reinstatement because petitioner was deceased before it was approved. Discussed upthread already.

My bad. I just read again the post and I saw now that he filed in 2007 and I read that it was approved in 2007.

 

 

[pm5k 127]

So is the main factor the fact that the petitioner passed away before the petition was approved (vs. after approval)?

[Hypnos 6,576]

It's the main factor in why they can't apply for humanitarian reinstatement, yes.

[bulls2030 17]

Update. Just got the following reply from NVC:

Dear Sir/Madam:

 

This petition is currently undergoing necessary administrative processing. You will be notified with further instructions when the processing is complete.

 

Please forward your request concerning a substitute sponsorship or humanitarian reinstatement to the U.S. Citizenship and Immigration Services (USCIS). 

 

USCIS advises that in order to pursue consideration for substitute sponsorship or humanitarian reinstatement of a visa petition, you must submit the following to USCIS:

 

1.    Written request for reinstatement from the principal applicant of the original petition or from a substitute sponsor if the principal applicant is a minor child; 

2.    Sufficient documentation to identify and substantiate the humanitarian reason for reinstatement.  (e.g. evidence of a long time residence and any equity in the United States, evidence of health related factors that would establish the need for the reinstatement of the petition, etc.);

3.    An Affidavit of Support (Form I-864) from the substitute sponsor, containing an original signature of the sponsor. The substitute sponsor must be an immediate family member or a legal guardian of the beneficiary, such as a:

-  spouse

-  parent

-  mother-in-law or father-in-law

-  sibling

-  child (if at least 18 years of age)

-  son-in-law or daughter-in-law

-  sister-in-law or brother-in-law

-  grandparent

-  grandchild

4.    Evidence to establish the substitute sponsor's immigration status or U.S. citizenship;

5.    The petitioner's death certificate (if the petitioner died outside of the United States, you must establish that it was not the petitioner's intent to abandon his/her lawful permanent resident status);

6.    Evidence of the relationship between the new sponsor and the beneficiary.

 

 

I am not sure what number 1 is asking and what to do for number 2? Any advice to try to see if there is any option available for my sister?

Update. Just got the following reply from NVC:

Dear Sir/Madam:

 

This petition is currently undergoing necessary administrative processing. You will be notified with further instructions when the processing is complete.

 

Please forward your request concerning a substitute sponsorship or humanitarian reinstatement to the U.S. Citizenship and Immigration Services (USCIS). 

 

USCIS advises that in order to pursue consideration for substitute sponsorship or humanitarian reinstatement of a visa petition, you must submit the following to USCIS:

 

1.    Written request for reinstatement from the principal applicant of the original petition or from a substitute sponsor if the principal applicant is a minor child; 

2.    Sufficient documentation to identify and substantiate the humanitarian reason for reinstatement.  (e.g. evidence of a long time residence and any equity in the United States, evidence of health related factors that would establish the need for the reinstatement of the petition, etc.);

3.    An Affidavit of Support (Form I-864) from the substitute sponsor, containing an original signature of the sponsor. The substitute sponsor must be an immediate family member or a legal guardian of the beneficiary, such as a:

-  spouse

-  parent

-  mother-in-law or father-in-law

-  sibling

-  child (if at least 18 years of age)

-  son-in-law or daughter-in-law

-  sister-in-law or brother-in-law

-  grandparent

-  grandchild

4.    Evidence to establish the substitute sponsor's immigration status or U.S. citizenship;

5.    The petitioner's death certificate (if the petitioner died outside of the United States, you must establish that it was not the petitioner's intent to abandon his/her lawful permanent resident status);

6.    Evidence of the relationship between the new sponsor and the beneficiary.

 

 

I am not sure what number 1 is asking and what to do for number 2? Any advice to try to see if there is any option available for my sister?

[Boiler 43,687]

Basically she has to ask for it and provide good documentation to support why she should be allowed it.

[Hypnos 6,576]

Your sister doesn't qualify for humanitarian reinstatement for the reasons I already went over. 

[Going through 5,668]

4 hours ago, bulls2020 said:

I am not sure what number 1 is asking and what to do for number 2? Any advice to try to see if there is any option available for my sister?

She doesn't qualify for humanitarian reinstatement....you should reread this thread.  

Right now her only option seems to be for her LPR child to petition for her when the child becomes a US citizen.

Edited June 16, 2019 by Going through

[bulls2030 17]

1 hour ago, Going through said:

She doesn't qualify for humanitarian reinstatement....you should reread this thread.  

Right now her only option seems to be for her LPR child to petition for her when the child becomes a US citizen.

Yes i understand. But with the email from NVC there seems to be a slim chance of trying to mail uscis showing my sisters mom, daughter, and brothers all residing in the US. Thats why i thought to try and see.

[Canerican 242]

As others have posted, I apologize for your father's passing and that it affects your sister's petition. Your niece (your sister's daughter) can petition her mother (your sister) once she, your niece, becomes a citizen as long as she is 21 years old or older. The process will take about a year to a year and a half. 

[Going through 5,668]

29 minutes ago, bulls2020 said:

Yes i understand. But with the email from NVC there seems to be a slim chance of trying to mail uscis showing my sisters mom, daughter, and brothers all residing in the US. Thats why i thought to try and see.

The email you received seems to read as a generic response to an inquiry you/family member made about humanitarian reinstatement/how that works.

NVC would not be the ones determining whether your sister was eligible or not, as stated in the email one must forward such request to USCIS directly.

 

Your niece is a LPR through marriage for a few years now, you said---is she planning on applying for citizenship?  That's a more streamlined way for your sister, imo, rather than trying for humanitarian reinstatement.

 

Edited June 17, 2019 by Going through

[MrsRo 47]

Hi, 

My husband’s family had a similar situation some years ago. His father, a US citizen started the process to bring his daughter (over 21 year old) to the US but sadly he passed before the process was finished. My husband was able to take over it, and while it was a bit of a hassle and took time, he was able to become the petitioner for his older sister and nieces without starting the process from the beginning.