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LolasBoy

Petioner Died, a first cousin residing in the US since 1998 willing to be my replacement sponsor

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I was raised by my grandparents on my father's in the Philippines. My grandfather a WWII veteran, moved to the US in the mid-90s (first in 93, then again in 95), he was granted American Citizenship for his services during the war and petitioned all 7 of his children and 1 grandchild (me). He had fallen very ill whilst in the US in 96 and decided to come home to the Philippines before any of us can go to the US. He died in 2001. Can I still pursue my immigrant Visa now that he is no longer around? I do have a first cousin (her mom and my dad are siblings) who has been residing in the States since 1998 (who is also now a US Citizen, she was petitioned in 98 by an Aunt on her Dad's side, not related to me) who would like to be my replacement sponsor. I am now 37 years old, single, of sound financial sounding, no bad debts, have a flourishing career as Senior Training Manager.I have been to US on several occasions, all on business trips, 2010, 2014 and then again now in 2019. I have a multiple entry US visa valid til 2020. I have not overstayed my visa in any one of my visits. I don't know if that is relevant to my situation though.

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Sadly, you're already too over aged to benefit from a very old petition. Whatever petition your grandfather filed died with him 18 years ago. The NVC and US embassy only allows until a year to fulfill any requirement for an immigrant visa.

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Hi apple21, I am very new to this platform. Thanks for replying. I didn't expect anyone would actually notice. I don't know how to reply to your post directly, so I am reply on the main thread. My apologies. Under 

 

Employment Fourth Preference (E4): Certain Special Immigrants, 18) Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11th, 2001, if the petition or application was rendered void due to a terrorist act on September 11th, 2001. 

 

Does this cover my case or not?

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Unfortunately the IR category is for family reunification.   Without the petitioner living in the US, at the time of approval, none of those petitions would be granted.  

 

For the employment based petitions you would have to have had a EB petition submitted prior to 9/11/2001


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Thanks, Paul & Mary. Is there a way that I may qualify for this? 

Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

There are three subgroups within this category:

  1. Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
  2. Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
  3. Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

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Your Father could be sponsored by his sibling, once he immigrates he could then sponsor you.


“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.”

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Posted (edited)
47 minutes ago, Boiler said:

Your Father could be sponsored by his sibling, once he immigrates he could then sponsor you.

His dad will immigrate in 20+ years. They're from the Philippines. Then another 10+ years for F2B.  OP is 37 yo now. Not feasible. 

Edited by apple21
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Thread is moved from Off Topic to General Immigration Discussion.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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11 hours ago, apple21 said:

His dad will immigrate in 20+ years. They're from the Philippines. Then another 10+ years for F2B.  OP is 37 yo now. Not feasible. 

 

12 hours ago, Boiler said:

Your Father could be sponsored by his sibling, once he immigrates he could then sponsor you.

none of my dad's siblings are in the US. My cousin made it to the US on a petition from her relatives not related to me (her Dad's side. It's her mom who's siblings with my Dad).

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