Petitioner died after I-130 approval?!

[Michael_88 6]

Hey Visa Journey!

My grandfather who was a USC passed away a few months ago and filed an  

I-130 petition for my father 7 years ago. My father is now ready to book his interview at the U.S consulate in Montreal and would like to use

me as an affidavit of support for his case. My question is do we proceed like normal and submit  form I-864(affidavit of support) and explain to them at the consulate my grandfather has passed away? Or does this need to be addressed before hand? In other words, what is protocol in this type of situation? 
answers would be greatly appreciated.

 

Much thanks!!

 

[Boiler 46,974]

Trying to think what category he is that takes 7 years

 

Generally the petition dies with the sponsor unless there set specific circumstances 

[nastra30 2,505]

1 hour ago, Michael_88 said:

Hey Visa Journey!

My grandfather who was a USC passed away a few months ago and filed an  

I-130 petition for my father 7 years ago. My father is now ready to book his interview at the U.S consulate in Montreal and would like to use

me as an affidavit of support for his case. My question is do we proceed like normal and submit  form I-864(affidavit of support) and explain to them at the consulate my grandfather has passed away? Or does this need to be addressed before hand? In other words, what is protocol in this type of situation? 
answers would be greatly appreciated.

 

Much thanks!!

 

Why is father booking his own interview and not NVC?

 

In your dad's specific circumstance the petition is void unless he wants to pursue humanitarian reinstatement and that's where your affidavit will come in if he’s successful.

https://www.uscis.gov/green-card/humanitarian-reinstatement

 

If you are a USC you can file a new petition for your dad.

Good luck.

[Michael_88 6]

3 hours ago, Boiler said:

Trying to think what category he is that takes 7 years

 

Generally the petition dies with the sponsor unless there set specific circumstances 

My grandfather petitioned my dad under the F-1 visa category which was approved a few years ago but my dad notified NVC he wasn’t ready to immigrate at the time. He has had the  go to proceed with the next steps. Now my grandfather has passed away  he would like to move forward with the process. His case is still opened and valid but with the death of

his father he would like to know how to proceed going forward. The petition was approved way  before his fathers death, he is now at the stage where he has to pay the NVC fees.

[Michael_88 6]

3 hours ago, nastra30 said:

Why is father booking his own interview and not NVC?

 

In your dad's specific circumstance the petition is void unless he wants to pursue humanitarian reinstatement and that's where your affidavit will come in if he’s successful.

https://www.uscis.gov/green-card/humanitarian-reinstatement

 

If you are a USC you can file a new petition for your dad.

Good luck.

From what it says in the link you attached, the grounds for humanitarian- reinstatement would guaranteed be denied if the petitioner died while the petition was pending. My dad’s father was alive for years after the petition was approved. My dad is now at the point where he would have to pay the fees to NVC to proceed.

[nastra30 2,505]

4 hours ago, Michael_88 said:

From what it says in the link you attached, the grounds for humanitarian- reinstatement would guaranteed be denied if the petitioner died while the petition was pending. My dad’s father was alive for years after the petition was approved. My dad is now at the point where he would have to pay the fees to NVC to proceed.

First paragraph summarizes it clearly. Death of petitioner after petition has been approved may qualify for humanitarian parole. Specifically, In your dad's situation he just can't switch primary sponsor; that's not how it works. He needs USCIS permission to do so. You see, generally, family petitions are for family unification/reunification inside the US. So if the petitioner is dead there's no longer a need for that petition because reunification is not possible. There are exceptions to this but again your dad's situation is not one of those exceptions that's why you'll need a humanitarian parole reinstatement at USCIS's discretion. Good luck.

Edited May 8 by nastra30

[Boiler 46,974]

Going to be a tricky one taking into account the delay in processing, I assume he needs a Lawyer to assist.

[nastra30 2,505]

4 hours ago, Michael_88 said:

His case is still opened and valid but with the death of

his father he would like to know how to proceed going forward. The petition was approved way  before his fathers death, he is now at the stage where he has to pay the NVC fees.

NVC will ask for the I864 from the Petitioner/primary sponsor. You can't supply one because Petitioner has passed on. Your next step is actually to inform NVC that the petitioner has passed on. As a general, the consulate makes final determination to issue a visa or not. The will quickly determine that the petition is not valid for a visa at that point in time unless USCIS gives them clearance.

[nelmagriffin 162]

 

 

 

Chapter 9 - Death of Petitioner or Principal Beneficiary | USCIS

[nelmagriffin 162]

Humanitarian Reinstatement | USCIS

[nelmagriffin 162]

And if you have time, go check and review postings from other members that somehow had similar situation, by simply searching it on the upper right hand of this site. Try to review as much as you can and maybe you can see other members who had the same situation. 

Edited May 8 by nelmagriffin