Humanitarian reinstatement

[Tina A 0]

Hello , I have been documentary qualified and waiting for interview since June 2021. My petitioner died in Feb 2021.  F3 category. My question 

1. Should I pro actively declare that my petitioner has passed ? 

2. How should I declare it ? Will I upload the death certificate in my CEAC account ?

3. Is it wise to get a lawyer considering the chances are slim or should I just do it myself?  ( hiring a lawyer cost so much)

 

I have 6 siblings in the US and one of them is my substitute sponsor. 

Appreciate feedback please . Help !

[JeanneAdil 6,275]

Death of sponsor  negated the F3 and petition  is no longer valid

Yes,  u should let USCIS know as if u don't ,  it  could come back later and "bite u" at the NVC stage as petitioner would not be able to fill out the I- 864 or provide tax documents 

if a sibling is a USC and at least 21 ,  he/she could apply for u but understand its a long wait for the interview

[Boiler 43,787]

I have now seen it given of late in cases that seemed not to qualify so I think they are generous, so have a go.

 

Is the PD current?

[Tina A 0]

2 hours ago, Tina A said:

Hello , I have been documentary qualified and waiting for interview since June 2021. My petitioner died in Feb 2021.  F3 category. My question 

1. Should I pro actively declare that my petitioner has passed ? 

2. How should I declare it ? Will I upload the death certificate in my CEAC account ?

3. Is it wise to get a lawyer considering the chances are slim or should I just do it myself?  ( hiring a lawyer cost so much)

 

I have 6 siblings in the US and one of them is my substitute sponsor. 

Appreciate feedback please . Help !

Thank you @JeanneAdil for your response . @Boiler yes the Priority date is current. Would appreciate a response to question #2 and #3. Thank you !

[Boiler 43,787]

Depends how important it is to you, assuming it is use a lawyer.

[Timona 3,972]

Isn't this case dead? 

 

I belive you can only apply for Humanitarian Reinstatement IF the petioner dies AFTER I-130 has been approved. In this case, petitioner died BEFORE. 

 

On the other end, not sure why OP hasn't updated files yet it's been 2+ years since the death. This might seem pretty shady

[SalishSea 16,945]

8 hours ago, Tina A said:

I have 6 siblings in the US and one of them is my substitute sponsor. 

If what you mean by this is that one of your siblings has also filed a separate petition for you, then that's great, and that is likely the route you'll go.

 

There is no stepping in as "substitute sponsor" for the existing petition, if that's what you meant though.  I think your original petition is gone, and I do not see any humanitarian aspect to your situation as described.

[Tina A 0]

@SalishSea sorry, what I meant is that my brother will be the New Affidavit of Support ( I-894). 

[SteveInBostonI130 3,328]

10 hours ago, Timona said:

Isn't this case dead? 

 

I belive you can only apply for Humanitarian Reinstatement IF the petioner dies AFTER I-130 has been approved. In this case, petitioner died BEFORE. 

 

On the other end, not sure why OP hasn't updated files yet it's been 2+ years since the death. This might seem pretty shady

OP was DQ'd at NVC June 2021.

 

Petitioner died Feb 2021.  I would assume the I-130 was approved before the petitioner passed.

 

F3 would mean the case was approved and sat at NVC for several years, typically.

 

@Tina A, when was the I-130 approved and sent to NVC?

[Tina A 0]

yes the I 130 was approved @SteveInBostonI130 

[Tina A 0]

I- 130 was approved in 2009 

[Pinkrlion 2,612]

I am not sure the petition is still active. 

[sp864 0]

When you arrive at the embassy for your interview and they find out that the petitioner has passed they will refuse your visa and send your case back to USCIS (if you hide the passing it is fraud, resulting in ban). 
 

at this point you should already send them the petitioners death certificate and launch your Humanitarian Reinstatement request, as it takes upto 2 years to get approval. 

[Tina A 0]

Thanks or your feedback @sp864 Appreciate it. Do I upload the death certificate at my CEAC account ?

[sp864 0]

You have send it to NVC Or embassy. Depends on where your case is. 
you don’t need to upload to CEAC