Family Based Immigration-Petitioner passed away

N

newyork10121

New Member
Hi,
My mom filed green card petition for my Brother and his family in Oct 2004. My brother lives in India. We received a letter from national visa center to submit the documents and pay 120 dollars for his green card petition file in end of June. We have been in process of collecting all the required documents and haven’t submitted anything yet.

Mean while just recently on November 16th, my mom passed away (very unfortunate thing in our family). She was the only one who filed for my brother’s family. My dad and I, both are US citizen but we haven’t filed for him.

We met our immigration lawyer yesterday and he told us that they can only try for humanitarian basis but chances are very rare to get any success. However when I called the local USCIS office as a general inquiry I was asked to send a letter to make my father as substitute petitioner. I am confused. My father is in India at this point and he can come back to US anytime if needed. He is retired at this point so can’t submit the financial documents to support my brother’s family. I can be his financial sponsor; and submit the affidavit of support.

Do you guys have any suggestion in this case? If you guys have any suggestion about good lawyers please let me know and I will reach out to them. I really want my brother and his family to come here to US.

Thank you for your time and consideration.
 
New York, you are on the right track. Once the petition has been approved other relative can be the substitute. Fired your current attorney, what a shame he does not what he is talking about! Please see this. from I-864 (Affidavit of support)
Item Number 1.f.
Select this box if you are the substitute sponsor. A substitute sponsor is a sponsor who is completing
Form I-864 on behalf of an intending immigrant whose original Form I-130 petitioner has died after the Form I-130 was
approved, but before the intending immigrant obtained permanent residence.
The substitute sponsor must be related to the
intending immigrant in one of the following ways: spouse, parent, mother
-in-law, father-in-law, sibling, child (at least 18
years of age), son, daughter, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, or legal
guardian. The substitute sponsor must also be a U.S. citizen, lawful permanent resident, or U.S. national. If you are a
substitute sponsor, you must sponsor each intending immigrant. I am not an attorney but if you need a good attorney I can recommend one.
 
The problem has nothing to do with the Affidavit of Support, but rather with the petition. When a petitioner dies before the immigrants have immigrated, the petition is no longer valid, and the immigrants can no longer immigrate on it. This is true even if the petition has already been approved (in this case it is automatically revoked per 8 CFR 205.1(a)(3)(i)(C).

There are several possible forms of relief from this: section 204(l) relief, and humanitarian reinstatement. Section 204(l) relief only applies to beneficiaries who are residing in the US at the time of death of the petitioner, and who continue to reside in the US; this does not apply to your case. Humanitarian reinstatement is only for petitions which have been approved. If the petition has been approved, humanitarian reinstatement is basically the only way to still use this petition.
 
Hi can someone help me, I am petitioned by my father on June 1998 (F1 then I reclassified to F3 when i got married), he passed away December 2014 and my priority date is current by September (based on dates of filing). Please advise how shall i proceed? Do I need to wait for notification from NVC that my priority date is current and ready to process or do I need to inform ahead the USCIS that I will ask for a humanitarian reinstatement? I am confuse on what to do first. I want to write on my own so we can save $ from attorney fees. Anyone with such experience? Appreciate your advise. Thank you.
 
my own case is same and I had an attorney to help arrange for a humanitarian reinstatement request. However, the waiting has made me nervous. I would like to know if any of you have the same as mine and how you have passed your time.
Thanks
 
Quennie said:
Hi can someone help me, I am petitioned by my father on June 1998 (F1 then I reclassified to F3 when i got married), he passed away December 2014 and my priority date is current by September (based on dates of filing). Please advise how shall i proceed? Do I need to wait for notification from NVC that my priority date is current and ready to process or do I need to inform ahead the USCIS that I will ask for a humanitarian reinstatement? I am confuse on what to do first. I want to write on my own so we can save $ from attorney fees. Anyone with such experience? Appreciate your advise. Thank you.
Click to expand...
Hi, Any update about your case?
 
John Phan said:
my own case is same and I had an attorney to help arrange for a humanitarian reinstatement request. However, the waiting has made me nervous. I would like to know if any of you have the same as mine and how you have passed your time.
Thanks
Click to expand...
Hi, is there any case update about your humanitarian reinstatment request?
 
newyork10121 said:
Hi,
My mom filed green card petition for my Brother and his family in Oct 2004. My brother lives in India. We received a letter from national visa center to submit the documents and pay 120 dollars for his green card petition file in end of June. We have been in process of collecting all the required documents and haven’t submitted anything yet.

Mean while just recently on November 16th, my mom passed away (very unfortunate thing in our family). She was the only one who filed for my brother’s family. My dad and I, both are US citizen but we haven’t filed for him.

We met our immigration lawyer yesterday and he told us that they can only try for humanitarian basis but chances are very rare to get any success. However when I called the local USCIS office as a general inquiry I was asked to send a letter to make my father as substitute petitioner. I am confused. My father is in India at this point and he can come back to US anytime if needed. He is retired at this point so can’t submit the financial documents to support my brother’s family. I can be his financial sponsor; and submit the affidavit of support.

Do you guys have any suggestion in this case? If you guys have any suggestion about good lawyers please let me know and I will reach out to them. I really want my brother and his family to come here to US.

Thank you for your time and consideration.
Click to expand...
You never told us what happend to your case?
 
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