Uncle passed away during process

[Fmert001 127]

Hello everyone,

My question is this my uncle applied for his daughter and grandchildren to come from Haiti in 2012. They were approved in 2013. This past May he sent the DS-260 and paid all the fees. They are waiting for an interview. Unfortunately, August of this year my uncle passed away and what my family wants to know is the process going to continue or is it over??? All they were waiting for was an interview. Would their need to be a new sponsor or what can we do?? My cousin and her children are the only ones left in Haiti  and would more beneficial for her to come her and work…..We are still waiting on the death certificate from the state of Florida. It takes awhile due to him passing away at home. Any assistance would be greatly appreciated😊😊😊

[nastra30 1,968]

13 minutes ago, Fmert001 said:

Hello everyone,

My question is this my uncle applied for his daughter and grandchildren to come from Haiti in 2012. They were approved in 2013. This past May he sent the DS-260 and paid all the fees. They are waiting for an interview. Unfortunately, August of this year my uncle passed away and what my family wants to know is the process going to continue or is it over??? All they were waiting for was an interview. Would their need to be a new sponsor or what can we do?? My cousin and her children are the only ones left in Haiti  and would more beneficial for her to come her and work…..We are still waiting on the death certificate from the state of Florida. It takes awhile due to him passing away at home. Any assistance would be greatly appreciated😊😊😊

Sorry about your uncle's passing. Unfortunately, the petition will be automatically revoked (cancelled) because the petitioner has died.

However, the primary beneficiary can write a letter to USCIS to reinstate the petition based on humanitarian circumstances. With the things that have happened (and ongoing) in Haiti, you have a better chance for USCIS to reinstate the petition on humanitarian grounds. Note, that you'll need a new I-864 Sponsor if USCIS approves the reinstatement.

[Fmert001 127]

11 minutes ago, nastra30 said:

Sorry about your uncle's passing. Unfortunately, the petition will be automatically revoked (cancelled) because the petitioner has died.

However, the primary beneficiary can write a letter to USCIS to reinstate the petition based on humanitarian circumstances. With the things that have happened (and ongoing) in Haiti, you have a better chance for USCIS to reinstate the petition on humanitarian grounds. Note, that you'll need a new I-864 Sponsor if USCIS approves the reinstatement.

Thank you so much…. I will let my family know….

[nastra30 1,968]

4 minutes ago, Fmert001 said:

Thank you so much…. I will let my family know….

No problem. You guys should make sure to craft a comprehensive and compelling humanitarian letter based on circumstances in Haiti. Get a lawyer to help if necessary. I believe you have a shot for reinstatement.

[Fmert001 127]

3 minutes ago, nastra30 said:

No problem. You guys should make sure to craft a comprehensive and compelling humanitarian letter based on circumstances in Haiti. Get a lawyer to help if necessary. I believe you have a shot for reinstatement

3 minutes ago, nastra30 said:

No problem. You guys should make sure to craft a comprehensive and compelling humanitarian letter based on circumstances in Haiti. Get a lawyer to help if necessary. I believe you have a shot for reinstatement.

Thank you… We will

[Diane and Chris 651]

I’m sorry for the loss of your uncle. Do you know why they did not come sooner if they were approved in 2013?  Were they waiting for an interview for 8 years or was there another reason?  Best wishes for your cousins. 

[Fmert001 127]

42 minutes ago, Diane and Chris said:

I’m sorry for the loss of your uncle. Do you know why they did not come sooner if they were approved in 2013?  Were they waiting for an interview for 8 years or was there another reason?  Best wishes for your cousins. 

She was over 21 that’s why she falls in a different category 

[SusieQQQ 11,584]

2 hours ago, Diane and Chris said:

I’m sorry for the loss of your uncle. Do you know why they did not come sooner if they were approved in 2013?  Were they waiting for an interview for 8 years or was there another reason?  Best wishes for your cousins. 

There is often a huge time difference in timing between the petition being approved at uscis and the priority date being current for family based petitions (F1, F2, F3 and F4). A visa is not available if the priority date is not yet current. Plus, all these categories were banned for about a year under Trump adding to the delays/backlog.

 

 

Edited October 3, 2021 by SusieQQQ

[Diane and Chris 651]

22 hours ago, SusieQQQ said:

There is often a huge time difference in timing between the petition being approved at uscis and the priority date being current for family based petitions (F1, F2, F3 and F4). A visa is not available if the priority date is not yet current. Plus, all these categories were banned for about a year under Trump adding to the delays/backlog.

 

 

Thanks for that info. Too bad for OP’s cousin.