AdamKhattab

1 hour ago, SusieQQQ said:

All except IR ones - so this is another argument to try for humanitarian reinstatement, as that will still be F3 which allows derivatives.

Her case is at NVC and she got an invoice number. But the pay button isn’t working when I called the NVC they said that’s because her case wasn’t current but a week before her dad died they called her sister and told her sister that they needed to continue with the case before the year ended or her case would be closed. 

4 hours ago, nastra30 said:

How was it revoked? At point of entry?

Because I think there could have been legal avenues she could have explored if she intended to stay out of the US longer than 6 months, which could have minimized the possibility of revocation.

* Like applying for re-entry permit

* Like applying for SB-1 at Embassy

* Like I-193 waiver

* Like proving strong ties to the US

* Like seeking help of lawyer before attempting to re-enter after long stay.

I don’t think she knew all this back than. And I’m not sure if she can reapply to get her green card back. But maybe in wrong 

4 hours ago, SusieQQQ said:

How old is the non-USC child? The only possible problem I foresee with the daughter petitioning her is that the category of IR5 does not allow derivatives, so if the child is still too young to be left behind there is a potential issue (she can of course petition him/her once she gets a green card but that’s another couple of years). 

The non-US child is 8 years old. I didn’t know that he couldn’t be a derivative. What visa types do allow a derivative

3 minutes ago, SusieQQQ said:

How old is the son now? Does he currently live in the US? Definitely a better option assuming he meets the domicile requirements (I’m assuming sibling will be joint sponsor if doesn’t meet income requirements).

 

Honestly, with that many USC family members I’d be inclined to give humanitarian reinstatement a try. It sounds like being able to weave a good argument is key to that hence the lawyer suggestion 

He’s currently 12 but I just remembered she has a daughter who is 18 so that’s a much better option. The son hasn’t been to the US since he was born but the daughter has been living in US with her father (the daughter is from a previous marriage) since she was 5. They have a pretty good relationship and speak regularly so that’s a good backup option.

I think I recommend she talk to a lawyer about the reinstatement on humanitarian grounds and if it fails than just have her daughter petition for her when she’s 21

16 minutes ago, SusieQQQ said:

Yes, of course they must inform NVC. “Just” using a substitute sponsor does require living in the US already, as you seem to know. The bar for humanitarian reinstatement is significantly higher, you can read about it here https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement 
it is probably advisable to get an immigration lawyer experienced in these cases if you decide to go this route, to write or help write the letter/advise what evidence to include in the package/generally build the case for HR. I would suggest having the sibling file a petition as insurance in case it is not successful. We see quite a few people come here asking about this route but very few come back to report on the outcome.

 

 

Yes. That’s why I knew a simple substitute sponsor wouldn’t work because she wasn’t in the US when her father died and neither was her child. She use to have a green card but it was revoked because she was outside the US for longer than 6 months. She does have 3 children who are US citizens and only one child is not a US citizen. At this point I think if they don’t reinstate her petition that she should just wait till her son is 21 so he can petition for her instead. It would just be faster than having her brother do it and waiting 15+ years just for it to go current instead of letting her son become 21 and petition for her. 

54 minutes ago, nastra30 said:

I think if the petitioner dies before the principal applicant has immigrated to the United States, the petition is automatically revoked. This holds regardless of whether the petition has been approved or not. However, USCIS can reinstate the petition for extreme humanitarian circumstances but beneficiary will have to initiate the reinstatement with USCIS if they have a compelling reason.

 

Unfortunately, I don't think just having a substitute sponsor will suffice in this situation.

 

What are the requirements for extreme humanitarian circumstances? 
 

I was afraid that a substitute sponsor wouldn’t suffice either. He has a stable income and job if that means anything. 

I’m not sure if I’m posting in the right place but I’m asking on the behalf of my aunt. Her father was her petitioner for her and her kids. Her 1-130 was approved a year ago and it was at the NVC waiting to go current. The problem now is that her father passed away two weeks ago. She was not residing in the US when her father passed away. Does she need to inform the NVC that her father passed away and is there away to get her reinstated? Or is she out of options? I wanted to add that she does have a brother and a sister who both reside in the US and are citizens 

1 hour ago, Cashorino said:

Ohh ok. What does his status say now when he log into the CEAC site? does it say "refused" or "cancelled"?

 

And why did he refuse the visa if I may ask?

It says refused but I was sent an email stating that he can no longer get his visa and if he wants to he has to reapply and start all over.

We have a son together and at that time the Embassy told us that as soon as my husband gets his visa that they’ll give my son a visa as well and I could complete his papers in the US so my husband decided to forfeit the visa so my son couldn’t get his visa either. It was way to keep our son from getting his visa. 

1 hour ago, Cashorino said:

 

How did he cancel his visa? I mean how did he refuse it? Did he withdraw his application during AP?

 

Will this have any consequences for him just trying to travel to the US as a visitor with an ESTA only?

They asked him to turn in his passport for they could give him his visa and he refused. After that I called the Embassy and asked for them to place his visa on temporary hold. They told me that my husband had a year to get his visa if in a year he didn’t turn in his passport his visa would be cancelled. It’s been a year and a few months now so definitely cancelled.

He’s Palestinian so he wouldn’t qualify for a ESTA anyway  

Depends. For my husband it took only 7 months for my son it took a year and three months. 

On 6/17/2020 at 6:34 AM, khadijamome said:

Do you know anyone whose ds5535 ap got over in few months?  Need motivation. Esp f4 visa. 

 

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My husband was given a DS-5535 after his interview via email. It was given in July of 2018 and he was asked to hand in his passport for a visa on March 2019. But me and him were separated (still separated) and he refused the visa. Of course his case all together has been cancelled but yes his visa would have been issued after only a few months. His visa was CR-1 but my cousins husband who also had his interview during the same time has still not gotten his visa or even been notified about it. It’s been two years for them. But he does have a minor criminal record (throwing rocks at Israeli soldiers) So it maybe another few years before he gets approved.