NICOLE_MRY

18 minutes ago, Boiler said:

I do not, if they said then I do not remember and so few I am not sure it would be valid as a general comment.

At least now we an idea about our case. 

Thank you! 

5 hours ago, Boiler said:

Not sure I remember seeing one, I have seen ot discussed on here:

 

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.

 

Knowing nothing about your situation I have no idea if any of this applies.

 

Strikes me that if there is a case to made needs in most cases a Lawyer to put a positive spin on it, feels a bot like a waiver.

 

One last question Boiler..you have an idea how long it will take for humanitarian reinstated? 

6 hours ago, Hypnos said:

The biggest trip-up to obtaining relief through 204(l) is, as @Boiler said, needing to be resident in the US at the time your petitioning relative died.

 

Without either the principal applicant or at least one derivative beneficiary being resident in the US at that time, you aren't eligible for 204(l) relief no matter how strong you think your case is.

 

If you don't qualify under 204(l) then you can apply for humanitarian reinstatement: https://www.uscis.gov/greencard/humanitarian-reinstatement. It sounds as if this is what you already tried and it was denied. I don't believe such a denial can be appealed.

Appreciate your additional information. 

3 hours ago, Boiler said:

I do not know the details of your case so can not comment.

 

Some people do benefit, I have seen them post here, can not tell if you qualify in the first place. They say it is discretionary, all the case I have come across which qualified were approved. Not sure of that means much as I have seen very few.

Thank you Boiler. I will rely on some post who was qualified and were approved. Hoping our case will do same. 

I'll keep VS posted. 

5 minutes ago, Boiler said:

Hypnos gave you this link which details the situation where relief is available for surviving relatives.

 

The first question is does it apply?

 

The most common situations I have seen is where someone who is a beneficiary has been in the US on a Work visa or as a Student.

That link followed my sis as per immigration told her. She submitted all documents needed and we think she reach the said percentage requirement including her husband documents as co-substitute sponsor. 

My question is why they have a humanitarian reinstated law if they will only reject our case? What is the use of it for have same case like us? 

30 minutes ago, AMAKA said:

The state representative stated we have 30 Day to appeal the decision. My lawyer sent the appeal. We have never heard from them. My lawyer suggested we leave it because of Trump presidentency, there has not been favorable outcome in such matters.

Maybe they should remove the "humanitarian reinstated law" if they're not favorable in such case for like us. What is the use of it? They only give us false hope but in the end they will reject it.

But im still hoping for the good outcome of our case since its still for review.

thanks Amaka. 

4 hours ago, JFH said:

So what's your question? The answer is quite clear. At least you still have a shot with your sister filing a petition. 

My question is? Why immigration told my sister to wait again to review our case since they already informed that our case was rejected? What do they mean? Keep waiting for nothing? What is the sense of humanitarian reinstated if they will only reject our papers. 

7 hours ago, NuestraUnion said:

Sibling visas for Philippines is about 20+ years.

 

 

Point is you still have a chance. There are people in the world who want to immigrate to the US that never will step foot in America in their lives. 

Maybe if we will wait for another 20+yrs were on 60's that time. 

Anyway..appreciate your reply. 

God bless! 

4 hours ago, Shiobhan said:

Your sister should speak to an expert atty in that field

seem as if all documentation was in , and a sister

co-sponsered there maybe loop-holes that can be 

looked into by an attorney..not DIY. Cant fool yourself

but neither can you give up give up hope due to forum

naysayers

Thank you for your suggestion. Were all frustated on our case and we dont know if we will for it or leave it.

7 hours ago, AMAKA said:

Nicole my case is silmular to yours. My dad filled in 2009. He died in 2014. One year before the visa is available. We did humanitarian in 2015. Made many inquiries and finally they wrote us a letter saying the humanitarian was denied based on them not having all the information we sent to them. Tried using the state representative. Just got general information. I know how frustrating.

My sis already ask help to senator and they say they will check our case in USCIS. And we will wait for their answer.

By the way, how's ur case goin' on Amaka? Do you continue your case or just leave it? 

4 minutes ago, NuestraUnion said:

Which is the reason why I say that particular petition is likely officially done. No point in continuing to try to revive it. 

 

Best option is to have sister apply for you. Will take some time but at least you have that option.

 

Is sis a USC?

4 minutes ago, NuestraUnion said:

Which is the reason why I say that particular petition is likely officially done. No point in continuing to try to revive it. 

 

Best option is to have sister apply for you. Will take some time but at least you have that option.

 

Is sis a USC?

We waited for 11yrs on that petition and I think another years again if my sister will apply for it. 

Yeah, She's USC. 

8 minutes ago, Going through said:

Perhaps it was rejected for another reason, not due to the death?

What reason? Because immigration told her that the petitioner died so they will not give us visa. 

Well, anyway thank you for ur reply.

1 minute ago, NuestraUnion said:

Have your sister start a new petition.

 

You already tried reviving your father's petition and It was denied. At this point it would be going around in circles if you try again.

No.she applied for humanitarian reinstated as per immigration told her to do it. when everytime she follow up our papers they said its for review. But lately they informed my sister that our petition was rejected.

9 minutes ago, mimolicious said:

No, without a petitioner there is no visa.

What do you mean? Though we already applied for humanitarian reinstated. 

Thanking you in advance.

1 minute ago, NuestraUnion said:

 

Who was the petitioner in relation to you?

 

The decision is pretty self explanatory. Family visas are for family reunification. If the petitioner is no longer alive how do you justify the reunification?

thank you for your quick response.

my father is our petitioner. Since he died last 2010 our petition was approved last 2009. Our PD is on 14 Mar 2006. my sister is one who our substitute sponsor. After 9 months of waiting USCIS informed my sister that our case was already rejected. If theres still hope on our case or should we need a lawyer to revive our case? 

USCIS tell us that our paper was already rejected cause our petitioner died .. do we have a chance to revive this case and please can anyone help my my question because we are very hopeless thankyou ! 

What is humanitarian consideration please someone answer me 

Thank you for answering my question right away.and we belong in F2B and my sister is subtitute as petitioner since my father died after the petition was approved ..... And how to allow my topic because im just a new here and i dont know how .. Thanks 

We just got a rejection from USCIS because they said that our petioner dies and why they said to us last week that our paper is still reviewing in administrative .. Do we need a lawyer ?? Please answer me because i badly need your answers

We are waiting for embassy to approved our papers 2 weeks to go to see the results