Bengalita

Hello everyone. Sorry for replying so late.  Here's the timeline of the humanitarian reinstatement of the case.  
 
PETITIONER (father) petitioned for son, son’s wife and their daughter in February 2005, and it got approved in October 2005.
 
PETITIONER (father) DIED in January, 2010
 
BENEFICIARY (son) notified USCIS and National Visa Center that the PETITIONER (father) died in 2010.  I-130 automatically revoked.
 
PETITIONER’s wife, (mother) now widowed, submitted a petition for son, in 2012 but that petition in the long run was never used to benefit son & his family.
 
USCIS notified BENEFICIARY on February 21, 2018 (via “Courtesy letter”) that the original I-130 was revoked due to petitioner’s death, but stated there was still a chance to reinstate the case if another family-member petitioner/sponsor could be found. Gave 87 days to respond (due date would be May 19, 2018).  Beneficiary never responded within those 87 days because of inefficient attorneys who could not decide if they could work the case.
 
USCIS notified BENEFICIARY in November 2018 that the case is officially revoked. Any slim chance to reinstate would have to be via I290-B (Motion to Reopen or Reconsider) and gave 87 days to respond to this notice.
 
BENEFICIARY responded on November 22, 2018 (1 week later) by filing I290B (Motion to Reopen) with a brief attached.  In the application, BENEFICIARY marked "Motion to Reopen" (not Motion to Appeal, or Motion to Reconsider, or Motion to Reopen/Reconsider)  The brief attached included a personal explanation as well as supporting documents, as well as a new I864 completed by BENEFICIARY’S sister (US Citizen) who became the “substitute sponsor” of the deceased original petitioner. Taxes were also included.
 
BENEFICIARY received APPROVAL to reinstate original I-130 in March 29, 2019.
Case sent to National Visa Center 1 month afterwards, and BENEFICIARY received notice from NVC to proceed with visa processing.
 
BENEFICIARY received appointment notice for him and his family for April 6, 2020, but was cancelled due to COVID.
 
BENEFICIARY sent a “Request to Expedite” to US Embassy in Santo Domingo, Dominican Republic in March 2021 because daughter would soon turn 21.
 
BENEFICIARY received EXPEDITE APPROVAL (1 week after requesting expedite) and finally received another appointment for interview for him and his family for April 21, 2021 (1 year later)   Interview was successful and family finally immigrated to USA in June 2021.

Hello everyone. Sorry for replying so late.  Here's the timeline of the humanitarian reinstatement of the case.  
 
PETITIONER (father) petitioned for son, son’s wife and their daughter in February 2005, and it got approved in October 2005.
 
PETITIONER (father) DIED in January, 2010
 
BENEFICIARY (son) notified USCIS and National Visa Center that the PETITIONER (father) died in 2010.  I-130 automatically revoked.
 
PETITIONER’s wife, (mother) now widowed, submitted a petition for son, in 2012 but that petition in the long run was never used to benefit son & his family.
 
USCIS notified BENEFICIARY on February 21, 2018 (via “Courtesy letter”) that the original I-130 was revoked due to petitioner’s death, but stated there was still a chance to reinstate the case if another family-member petitioner/sponsor could be found. Gave 87 days to respond (due date would be May 19, 2018).  Beneficiary never responded within those 87 days because of inefficient attorneys who could not decide if they could work the case.
 
USCIS notified BENEFICIARY in November 2018 that the case is officially revoked. Any slim chance to reinstate would have to be via I290-B (Motion to Reopen or Reconsider) and gave 87 days to respond to this notice.
 
BENEFICIARY responded on November 22, 2018 (1 week later) by filing I290B (Motion to Reopen) with a brief attached.  In the application, BENEFICIARY marked "Motion to Reopen" (not Motion to Appeal, or Motion to Reconsider, or Motion to Reopen/Reconsider)  The brief attached included a personal explanation as well as supporting documents, as well as a new I864 completed by BENEFICIARY’S sister (US Citizen) who became the “substitute sponsor” of the deceased original petitioner. Taxes were also included.
 
BENEFICIARY received APPROVAL to reinstate original I-130 in March 29, 2019.
Case sent to National Visa Center 1 month afterwards, and BENEFICIARY received notice from NVC to proceed with visa processing.
 
BENEFICIARY received appointment notice for him and his family for April 6, 2020, but was cancelled due to COVID.
 
BENEFICIARY sent a “Request to Expedite” to US Embassy in Santo Domingo, Dominican Republic in March 2021 because daughter would soon turn 21.
 
BENEFICIARY received EXPEDITE APPROVAL (1 week after requesting expedite) and finally received another appointment for interview for him and his family for April 21, 2021 (1 year later)   Interview was successful and family finally immigrated to USA in June 2021.

Hello everyone. Sorry for replying so late.  Here's the timeline of the humanitarian reinstatement of the case.  
 
PETITIONER (father) petitioned for son, son’s wife and their daughter in February 2005, and it got approved in October 2005.
 
PETITIONER (father) DIED in January, 2010
 
BENEFICIARY (son) notified USCIS and National Visa Center that the PETITIONER (father) died in 2010.  I-130 automatically revoked.
 
PETITIONER’s wife, (mother) now widowed, submitted a petition for son, in 2012 but that petition in the long run was never used to benefit son & his family.
 
USCIS notified BENEFICIARY on February 21, 2018 (via “Courtesy letter”) that the original I-130 was revoked due to petitioner’s death, but stated there was still a chance to reinstate the case if another family-member petitioner/sponsor could be found. Gave 87 days to respond (due date would be May 19, 2018).  Beneficiary never responded within those 87 days because of inefficient attorneys who could not decide if they could work the case.
 
USCIS notified BENEFICIARY in November 2018 that the case is officially revoked. Any slim chance to reinstate would have to be via I290-B (Motion to Reopen or Reconsider) and gave 87 days to respond to this notice.
 
BENEFICIARY responded on November 22, 2018 (1 week later) by filing I290B (Motion to Reopen) with a brief attached.  In the application, BENEFICIARY marked "Motion to Reopen" (not Motion to Appeal, or Motion to Reconsider, or Motion to Reopen/Reconsider)  The brief attached included a personal explanation as well as supporting documents, as well as a new I864 completed by BENEFICIARY’S sister (US Citizen) who became the “substitute sponsor” of the deceased original petitioner. Taxes were also included.
 
BENEFICIARY received APPROVAL to reinstate original I-130 in March 29, 2019.
Case sent to National Visa Center 1 month afterwards, and BENEFICIARY received notice from NVC to proceed with visa processing.
 
BENEFICIARY received appointment notice for him and his family for April 6, 2020, but was cancelled due to COVID.
 
BENEFICIARY sent a “Request to Expedite” to US Embassy in Santo Domingo, Dominican Republic in March 2021 because daughter would soon turn 21.
 
BENEFICIARY received EXPEDITE APPROVAL (1 week after requesting expedite) and finally received another appointment for interview for him and his family for April 21, 2021 (1 year later)   Interview was successful and family finally immigrated to USA in June 2021.

Hello everyone. Sorry for replying so late.  Here's the timeline of the humanitarian reinstatement of the case.  
 
PETITIONER (father) petitioned for son, son’s wife and their daughter in February 2005, and it got approved in October 2005.
 
PETITIONER (father) DIED in January, 2010
 
BENEFICIARY (son) notified USCIS and National Visa Center that the PETITIONER (father) died in 2010.  I-130 automatically revoked.
 
PETITIONER’s wife, (mother) now widowed, submitted a petition for son, in 2012 but that petition in the long run was never used to benefit son & his family.
 
USCIS notified BENEFICIARY on February 21, 2018 (via “Courtesy letter”) that the original I-130 was revoked due to petitioner’s death, but stated there was still a chance to reinstate the case if another family-member petitioner/sponsor could be found. Gave 87 days to respond (due date would be May 19, 2018).  Beneficiary never responded within those 87 days because of inefficient attorneys who could not decide if they could work the case.
 
USCIS notified BENEFICIARY in November 2018 that the case is officially revoked. Any slim chance to reinstate would have to be via I290-B (Motion to Reopen or Reconsider) and gave 87 days to respond to this notice.
 
BENEFICIARY responded on November 22, 2018 (1 week later) by filing I290B (Motion to Reopen) with a brief attached.  In the application, BENEFICIARY marked "Motion to Reopen" (not Motion to Appeal, or Motion to Reconsider, or Motion to Reopen/Reconsider)  The brief attached included a personal explanation as well as supporting documents, as well as a new I864 completed by BENEFICIARY’S sister (US Citizen) who became the “substitute sponsor” of the deceased original petitioner. Taxes were also included.
 
BENEFICIARY received APPROVAL to reinstate original I-130 in March 29, 2019.
Case sent to National Visa Center 1 month afterwards, and BENEFICIARY received notice from NVC to proceed with visa processing.
 
BENEFICIARY received appointment notice for him and his family for April 6, 2020, but was cancelled due to COVID.
 
BENEFICIARY sent a “Request to Expedite” to US Embassy in Santo Domingo, Dominican Republic in March 2021 because daughter would soon turn 21.
 
BENEFICIARY received EXPEDITE APPROVAL (1 week after requesting expedite) and finally received another appointment for interview for him and his family for April 21, 2021 (1 year later)   Interview was successful and family finally immigrated to USA in June 2021.

Hello everyone. Sorry for replying so late.  Here's the timeline of the humanitarian reinstatement of the case.  
 
PETITIONER (father) petitioned for son, son’s wife and their daughter in February 2005, and it got approved in October 2005.
 
PETITIONER (father) DIED in January, 2010
 
BENEFICIARY (son) notified USCIS and National Visa Center that the PETITIONER (father) died in 2010.  I-130 automatically revoked.
 
PETITIONER’s wife, (mother) now widowed, submitted a petition for son, in 2012 but that petition in the long run was never used to benefit son & his family.
 
USCIS notified BENEFICIARY on February 21, 2018 (via “Courtesy letter”) that the original I-130 was revoked due to petitioner’s death, but stated there was still a chance to reinstate the case if another family-member petitioner/sponsor could be found. Gave 87 days to respond (due date would be May 19, 2018).  Beneficiary never responded within those 87 days because of inefficient attorneys who could not decide if they could work the case.
 
USCIS notified BENEFICIARY in November 2018 that the case is officially revoked. Any slim chance to reinstate would have to be via I290-B (Motion to Reopen or Reconsider) and gave 87 days to respond to this notice.
 
BENEFICIARY responded on November 22, 2018 (1 week later) by filing I290B (Motion to Reopen) with a brief attached.  In the application, BENEFICIARY marked "Motion to Reopen" (not Motion to Appeal, or Motion to Reconsider, or Motion to Reopen/Reconsider)  The brief attached included a personal explanation as well as supporting documents, as well as a new I864 completed by BENEFICIARY’S sister (US Citizen) who became the “substitute sponsor” of the deceased original petitioner. Taxes were also included.
 
BENEFICIARY received APPROVAL to reinstate original I-130 in March 29, 2019.
Case sent to National Visa Center 1 month afterwards, and BENEFICIARY received notice from NVC to proceed with visa processing.
 
BENEFICIARY received appointment notice for him and his family for April 6, 2020, but was cancelled due to COVID.
 
BENEFICIARY sent a “Request to Expedite” to US Embassy in Santo Domingo, Dominican Republic in March 2021 because daughter would soon turn 21.
 
BENEFICIARY received EXPEDITE APPROVAL (1 week after requesting expedite) and finally received another appointment for interview for him and his family for April 21, 2021 (1 year later)   Interview was successful and family finally immigrated to USA in June 2021.

My friends had a humanitarian reinstatement case, (Dominican Republic, petitioner father, deceased) but they let too much time pass, and USCIS sent them a revocation letter,  ... and advised them that if they still think they have valid reason to reinstate the case, they have 33 days to file a motion to reopen/reconsider (pay the fee, of course).  No attorney wanted to help them. Said it was a lost cause.  They did it themselves with the help of gleaning from similar cases on the internet.  It took them 4 months, and USCIS sent them a letter stating they decided to reopen the case.  30 days later, got another letter saying I-130 was approved (again) ... and file has been sent to NVC.   We'll see what happens.  

Ah. Now you're making a little bit of sense. However, I must disagree with you about the daughter (3rd preference)not being able to adjust status because she is unlawfully present. It's true, she is not considered an "immediate family member" of her mother (for Immigration purposes) But, remember, she is 245-i eligible, and once her priority date comes available (which it's already available actually), she can pay the $1000 fine and adjust status. The WHOLE POINT of beign 245-i eligible is to adjust status in the USA precisely because such people ARE NOT lawfully present. It doesn't just apply to EWI people who marry US Citizens. It applies to all EWI people who are have a family or employer petition submitted on or before April 30, 2001 and who are otherwise not deportable.
If you have some case law that shows that I am in error, please post it here. I welcome corrections.
My question is: Being how she can adjust status under 245-i, can her husband also adjust status along with her as a derivative?

Here in USA we say fleshly. Biological is also an option. So now that we’ve established that, can you answer my question please? Thanks. 

Here in USA we say fleshly. Biological is also an option. So now that we’ve established that, can you answer my question please? Thanks. 

Here in USA we say fleshly. Biological is also an option. So now that we’ve established that, can you answer my question please? Thanks. 

Here in USA we say fleshly. Biological is also an option. So now that we’ve established that, can you answer my question please? Thanks. 

Here in USA we say fleshly. Biological is also an option. So now that we’ve established that, can you answer my question please? Thanks. 

Here in USA we say fleshly. Biological is also an option. So now that we’ve established that, can you answer my question please? Thanks. 

Here in USA we say fleshly. Biological is also an option. So now that we’ve established that, can you answer my question please? Thanks. 

My friends had a humanitarian reinstatement case, (Dominican Republic, petitioner father, deceased) but they let too much time pass, and USCIS sent them a revocation letter,  ... and advised them that if they still think they have valid reason to reinstate the case, they have 33 days to file a motion to reopen/reconsider (pay the fee, of course).  No attorney wanted to help them. Said it was a lost cause.  They did it themselves with the help of gleaning from similar cases on the internet.  It took them 4 months, and USCIS sent them a letter stating they decided to reopen the case.  30 days later, got another letter saying I-130 was approved (again) ... and file has been sent to NVC.   We'll see what happens.  

I absolutely will share as much information as I can to help others on this forum!

I absolutely will share as much information as I can to help others on this forum!

Hi everyone.  Ok, long story. 
A LPR mother petitioned her 25 year old unmarried daughter in 1997.  Then the daughter got married in 1999.  Then got divorced in 2007.   During the marriage/divorce process, the F2b petition was never worked on because the visa bulletin dates were not current with the petition.  

LPR mother became US Citizen in 2009. 
 
Now divorced daughter would like to adjust status through her 22 year old US Citizen daughter.   She would like to use the 245-i benefit from her mother's F2b petition from 1997 so she can adjust status here in the USA.   Her attorney told her that because she got married (even though she got divorced) it automatically revokes the F2b petition from 1997.   Her attorney recommended that her 22 year old daughter petition her but via I-601, using the US Citizen mother as a qualifying relative. 
 
Personally. I don’t agree with the attorney’s advice. First of all, her marriage/divorce process took place before the F2B petition became visa-eligible.  So her divorce nullifies her marriage.   Second, her F2B petition was approved as an unmarried daughter.  They never brought it to fruition because she got married.  But then she got divorced.  And even still, that F2B petition was never carried out. Third, she does not desire to adjust status through her mom’s F2B petition, she now desires to adjust through her daughter, using her mother’s 245-I benefit. 
 
I personally think the attorney wants her to go via I-601 with USC mother as qualifying relative, because the attorney can make more money that way.  I welcome your thoughts.