petition sent back to USCIS...please help

ryan_ablao

New Member
hello. i want to ask for your advice on this matter. i am in the philippines and i really don't know what to do. here are the detais of the petition:
1. my uncle, a US citizen filed a petition for my dad on December 1987
2. petiton was approved December 1988
3. my dad died October 1992
4. Notice form the NVC arrived on December 2009 informing us that visa numbers are already available and petition is current.

we informed NVC that principal beneficiary died in 1993. they let us pay the fees. after a few weeks, NVC sent email informing us that petition papers were brought back to the USCIS. they said that petition can no longer be beneficial to the wife and children of the principal beneficiary since he died. by the way, the beneficiary's family is in the philippines.

i just want to know if there is nothing we can do anymore and just let it pass.

hope to listen to your reactions. thank you.
 
No if the beneficiary has passed away then nothing can be done as his Family was going to get the Derivative status from him.
They have changed the Law where if the Petitioner dies then the Beneficiary is still eligible in some Visa categories but not the other way around.
Derivative Status just like it sounds is derived from the principle Beneficiary.
 
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