Petitioner died after I-130 Approval

[Polly Dolly 0]

Hello all, 

I hope someone can assist me. My mother, a US Citizen filed for the F3 category petition for me (the beneficiary) back in September 2007. It got approved in 2008 February and since then i and my children have been waiting for our date to become current. On January 2020, we finally reached our priority date but my mother passed away in September 2019. I am confused because i've seen posts saying that my petition is now revoked while others say i can file for humantarian relief. I have a brother who is a US Citizen who can be my Substitute Sponsor. Can anyone tell me if this is possible? Can i fill the substiute sponsor form and have my petition back on track?

[Boiler 45,656]

Are you in the US?

 

Has your your brother petitioned you?

 

What would be the basis of a humanitarian application?

 

 

[Polly Dolly 0]

28 minutes ago, Boiler said:

Are you in the US?

 

Has your your brother petitioned you?

 

What would be the basis of a humanitarian application?

 

 

Hi Boiler,

 

My mother is the one that filed the petition. I was asking whether my brother who is also  a US citizen can be my substitute sponsor.

Apart from a humanitarian application, can i apply for a Section 204(l) Relief for Surviving Relatives? Shame to think 13 years of waiting would just go to waste.

Edited January 26, 2020 by Polly Dolly

[Boiler 45,656]

Assuming you are and were resident in the US yes you can.

[Polly Dolly 0]

Thanks for responding. And if i was not a resident at the time, is that the end?

[Boiler 45,656]

That would depend on the basis of the application for humanitarian restatement. So not the end necessarily.

[geowrian 22,337]

Yes it is possible for the petition to be reinstated and a visa to be issued with a suitable substitute sponsor.

The basis for humanitarian reinstatement is the question. Every decision to reinstate is discretionary.

See https://www.uscis.gov/greencard/humanitarian-reinstatement

[cd37 229]

On USCIS website, for section 204(I), it states atleast one beneficiary has to reside in US at the time relative died and seeking for relief. 

[designguy 1,179]

Which of the following apply to you?

Quote

Evidence that a favorable exercise of discretion is warranted, which may include, but is not limited to:

• Impact on family living in the United States (especially U.S. citizens, lawful permanent residents, or others lawfully present);
• Advanced age or health concerns;
• Lawful residence in the United States for a lengthy period;
• Ties or lack thereof to your home country;
• Other factors, such as unusually lengthy government processing delays; and
• Any and all other factors you believe weigh in favor of reinstatement, with supporting documentation.

https://www.uscis.gov/greencard/humanitarian-reinstatement

[jrladra 7]

We have the same case for my sister..my mother passed away feb 2015..her priority date was april 2007..we called nvc and told them about my mother..then we filed for humanitarian reisntatement..it was revoked at first because apparently they didnt receive the documents that they asked but we sent all the documents..we have to file for motion to reconsider and luckily they opened my sister's case again..and the rest is history..she's here with us in the US..

[Lola03 0]

On 2/1/2020 at 12:13 AM, jrladra said:

We have the same case for my sister..my mother passed away feb 2015..her priority date was april 2007..we called nvc and told them about my mother..then we filed for humanitarian reisntatement..it was revoked at first because apparently they didnt receive the documents that they asked but we sent all the documents..we have to file for motion to reconsider and luckily they opened my sister's case again..and the rest is history..she's here with us in the US..

How long did the USCIS took to respond to the  humanitarian request? I have a similar case, but it has been delayed a lot. Thought the revocation letter that we received in 2017 says to file a motion but that was supposed to be filed within 30 days of receiving the notice. So I am not sure whether to file humanitarian reisntatement or a motion to reopen or reconsider.

[jrladra 7]

3 hours ago, Lola03 said:

How long did the USCIS took to respond to the  humanitarian request? I have a similar case, but it has been delayed a lot. Thought the revocation letter that we received in 2017 says to file a motion but that was supposed to be filed within 30 days of receiving the notice. So I am not sure whether to file humanitarian reisntatement or a motion to reopen or reconsider.

dec 23 2016–informed uscis of mom’s passing

dec 8 2017–received courtesy letter asking for substitute sponsor which is my brother

feb 12 2018–sent required documents to us is including affidavit of support from my brother

feb 14 0218–docs received by uscis..we received a notice

sept 2018-case still revoked...uscis saying they didn’t received the documents

oct 2018–filed for motion to reopen...with another set of documents we submitted

april 01 2019–case reopened..

april 04 2019–case approved....case sent to nvc

july 15 2019–case is being processed in nvc 

sept 16 2019–notice for interview schedule at us embassy PHilippines

oct 3 2019–interview notice..

oct 22 2019–medical exams—it’s up to you..at least 1 week before interview

nov 5 2019–interview..

1 week after received passport

dec 15 2019–Hello JFK airport

 

feel free to message me if you have questions..we want to help other people with the same cases....goodluck

 

 

Edited May 19, 2020 by jrladra

[Lola03 0]

50 minutes ago, jrladra said:

dec 23 2016–informed uscis of mom’s passing

dec 8 2017–received courtesy letter asking for substitute sponsor which is my brother

feb 12 2018–sent required documents to us is including affidavit of support from my brother

feb 14 0218–docs received by uscis..we received a notice

sept 2018-case still revoked...uscis saying they didn’t received the documents

oct 2018–filed for motion to reopen...with another set of documents we submitted

april 01 2019–case reopened..

april 04 2019–case approved....case sent to nvc

july 15 2019–case is being processed in nvc 

sept 16 2019–notice for interview schedule at us embassy PHilippines

oct 3 2019–interview notice..

oct 22 2019–medical exams—it’s up to you..at least 1 week before interview

nov 5 2019–interview..

1 week after received passport

dec 15 2019–Hello JFK airport

 

feel free to message me if you have questions..we want to help other people with the same cases....goodluck

 

 

Thank you jrladra for your reply! Your story is so wow, congratulations! I had couple of questions (and thank you again for offering help, you are so kind). 

1. What was basis that you provided for your humanitarian reinstatement/motion to reopen?

2. My mother's application got automatically revoked in 2017 upon petitioner's death, and they asked her to file a motion to reopen/reconsider within one month of the receipt of the notice. But my mother got to know about the letter AFTER 8 MONTHS (USCIS did send the letter) and so she thought she lost the chance. Currently, we are desperate (due to some family condition) to reinstate my mother's application. So my question is how badly a delay in filing affects the chances of reinstatement. 

3. Do you think filing a motion would be quicker/better in comparison to HR. They asked my mother to file a motion on the first hand, did they ask you too to file a motion?

4. Did you hire an attorney or filed by yourself?

 

 

[ProbeGT 47]

On 1/26/2020 at 6:25 PM, cd37 said:

On USCIS website, for section 204(I), it states atleast one beneficiary has to reside in US at the time relative died and seeking for relief. 

Does reside in this situation mean "permanent residency", or any type of residence (tourist visa, student, etc).  

[geowrian 22,337]

17 minutes ago, ProbeGT said:

Does reside in this situation mean "permanent residency", or any type of residence (tourist visa, student, etc).  

For immigration purposes, it generally refers to one's abode, which is where they actually live without regard to intent (INA 101).

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim

Quote

(33) The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.

So a tourist likely would not qualify as they do not live in the US. A student, non-seasonal workers, etc. may.