Confusion Regarding NVC Case Status and Substitute Petitioner

[Mohsin Ali 0]

My father submitted my case in December 2006, which was denied in November 2010. Then after a pending decision, it was approved in October 2012. My father passed away in July 2011. Since then, my case has been approved, and NVC has sent the Case and Invoice number this week. In 2018, my brother also submitted a humanitarian reinstatement application to USCIS, but we haven't received a response yet. In NVC, the case is showing under my father's name, and the substitute petitioner is not showing. I need your assistance in finding a solution to this issue. Please help me.

[OldUser 4,829]

I'm not and expert, but I read the page https://www.uscis.gov/green-card/humanitarian-reinstatement

 

It says:

"You may only request humanitarian reinstatement if you are the principal beneficiary of an approved Form I-130, Petition for Alien Relative, and your petitioner relative has died. We cannot grant humanitarian reinstatement if the petitioner died while the petition was pending."

 

Based on your description, your father died in 2011 and at that time the petition was pending. I don't think you're eligible for this.

Edited March 7 by OldUser

[Mohsin Ali 0]

11 hours ago, OldUser said:

I'm not and expert, but I read the page https://www.uscis.gov/green-card/humanitarian-reinstatement

 

It says:

"You may only request humanitarian reinstatement if you are the principal beneficiary of an approved Form I-130, Petition for Alien Relative, and your petitioner relative has died. We cannot grant humanitarian reinstatement if the petitioner died while the petition was pending."

 

Based on your description, your father died in 2011 and at that time the petition was pending. I don't think you're eligible for this.

Why NVC Send Case and Invoice Number

[JeanneAdil 6,203]

58 minutes ago, Mohsin Ali said:

Why NVC Send Case and Invoice Number

Because no one notified them of the death of your father/this should have been done in 2011

[Mohsin Ali 0]

7 hours ago, JeanneAdil said:

Because no one notified them of the death of your father/this should have been done in 2011

But 2018, my brother also submitted a humanitarian reinstatement application to USCIS, but we haven't received a response yet.

[JeanneAdil 6,203]

3 hours ago, Mohsin Ali said:

But 2018, my brother also submitted a humanitarian reinstatement application to USCIS, but we haven't received a response yet.

that would tell USCIS that he had died in 2011 

Who reported the death in 2011?

[OldUser 4,829]

8 hours ago, Mohsin Ali said:

But 2018, my brother also submitted a humanitarian reinstatement application to USCIS, but we haven't received a response yet.

You could only substitute if I-130 was approved while your father was alive. But he passed away before approval.

[Mohsin Ali 0]

On 3/8/2024 at 11:32 AM, OldUser said:

You could only substitute if I-130 was approved while your father was alive. But he passed away before approval.

 

On 3/8/2024 at 6:42 AM, JeanneAdil said:

that would tell USCIS that he had died in 2011 

Who reported the death in 2011?

I know you are right, but according to Chapter 9 - Death of Petitioner or Principal Beneficiary INA 204 L 2022 update, my case can be considered. However, if someone has a case like mine, it might make the process easier for me, which is why I posted on this forum. When a case is submitted to Form EOIR 29 in the Department of Justice (DOJ), an A# is created for the principal beneficiary, which is usually for the Green Card. This may be the reason why the case is still approved, and my brother's case was revoked in 2020, even though my family tree and my brother's with our father are the same. 

[appleblossom 1,309]

3 hours ago, Mohsin Ali said:

 

I know you are right, but according to Chapter 9 - Death of Petitioner or Principal Beneficiary INA 204 L 2022 update, my case can be considered. However, if someone has a case like mine, it might make the process easier for me, which is why I posted on this forum. When a case is submitted to Form EOIR 29 in the Department of Justice (DOJ), an A# is created for the principal beneficiary, which is usually for the Green Card. This may be the reason why the case is still approved, and my brother's case was revoked in 2020, even though my family tree and my brother's with our father are the same. 

 

Your brothers case was revoked? You've not mentioned that before. I think it's more likely that nobody has realised your case isn't valid, but somebody will at some point. 

 

What is your status in the US?

[Mohsin Ali 0]

On 3/11/2024 at 6:31 AM, appleblossom said:

 

Your brothers case was revoked? You've not mentioned that before. I think it's more likely that nobody has realised your case isn't valid, but somebody will at some point. 

 

What is your status in the US?

Certainly, I didn't undermine the importance of my brother's revoked case, but now it's clear. As for my status in the US, neither I nor my siblings reside there; our beloved father's grave is in Chicago.

[appleblossom 1,309]

On 3/10/2024 at 6:25 PM, Mohsin Ali said:

but according to Chapter 9 - Death of Petitioner or Principal Beneficiary INA 204 L 2022 update, my case can be considered. 

 

If you're not in the US, then I don't see how that's relevant? That's only for people who resided in the US when the qualifying relative dies, and when the decision is made on the petition. Neither seems to apply to you. 

 

I would contact an immigration lawyer if you want a definitive answer, but I don't see any way that humanitarian reinstatement is possible. Your brothers case has already been revoked and I think that at some point somebody will realise yours should be too.

[Mohsin Ali 0]

4 hours ago, appleblossom said:

 

If you're not in the US, then I don't see how that's relevant? That's only for people who resided in the US when the qualifying relative dies, and when the decision is made on the petition. Neither seems to apply to you. 

 

I would contact an immigration lawyer if you want a definitive answer, but I don't see any way that humanitarian reinstatement is possible. Your brothers case has already been revoked and I think that at some point somebody will realise yours should be too.

Thank you for your interest in this matter. However, if I receive any response from an immigration lawyer, I intend to proceed with this case further.

[appleblossom 1,309]

2 hours ago, Mohsin Ali said:

Thank you for your interest in this matter. However, if I receive any response from an immigration lawyer, I intend to proceed with this case further.

Well, let us know what the lawyer says. 
 

Good luck.