jesus_martinis said:
I have an approved petition like married son of an US Citizen, unfortunately, my mother died after the petition was approved, now I have received the bill to pay the DS-230 FORM, what can I expect and do?, Is still good that petition?
Sorry to hear that.Not sure about the complete case, as details are not
available.However,see the below info' and talk to a lawyer,as it is not simple.
Alternate sponsor is to be avialble.Still it is big task.
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8 CFR
ART 1205—REVOCATION OF APPROVAL OF PETITIONS:
1205.1 Automatic revocation:
a) Reasons for automatic revocation. The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:
i) Immediate relative and family-sponsored petitions, other than Amerasian petitions. (A) Upon written notice of withdrawal filed by the petitioner or self-petitioner with any officer of the Service who is authorized to grant or deny petitions.
(B) Upon the death of the beneficiary or the self-petitioner.
**(C) Upon the death of the petitioner, unless the Attorney General in his or her discretion determines that for humanitarian reasons revocation would be inappropriate.***
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http://uscis.gov/graphics/howdoi/affsupp.htm#sub-spon:
How can I reinstate a visa petition that was revoked by the death of the original petitioner?
Typically, when the visa petitioner dies, the approved I-130 originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.
In order to seek reinstatement of the visa petition, you must submit a statement to the USCIS office where the original visa petition was filed formally requesting reinstatement of the visa petition. The statement should list reasons why your case warrants reinstatement, such as your ties to the United States, or hardship that would occur to you if the request for reinstatement were not granted.
You must also include with your reinstatement request a Form I-864 Affidavit of Support completed by a “substitute sponsor”. A substitute sponsor must be a citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and resident in the United States. A substitute sponsor must also be related to you as one of the following: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. This substitute sponsor is filing the I-864 in place of the deceased petitioner, and must meet all of the financial requirements of a sponsor pursuant to INA 213A.
With your reinstatement request you must provide documentary evidence of the death of the original petitioner, plus documentation of the relationship between you and the substitute sponsor. Finally, include a copy of your approved I-130, if available.
What is a “substitute sponsor” and how can I be one?
A substitute sponsor is a sponsor who files an I-864 Affidavit of Support in place of a visa petitioner who has died. In order to be a “substitute sponsor,” you must be related to the intending immigrant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. You must also be a U.S. citizen or national or an alien lawfully admitted for permanent residence, be at least 18 years of age, domiciled in the United States, and meet all of the financial requirements of a sponsor pursuant to INA 213A.
Should the request for reinstatement be approved, and the intending immigrant ultimately obtains permanent residence in the United States, you will assume all of the obligations of a I-864 sponsor.
In order to be a “substitute sponsor,” complete Form I-864 and submit it to the USCIS office where the revoked visa petition (Form I-130) was originally filed, along with a statement from the intending immigrant formally requesting reinstatement (See “How can I reinstate a visa petition that was revoked by the death of the original petitioner?”) and evidence that you are related to the intending immigrant in one of the ways listed above.
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Not a legal advise.General info' only.
