Reinstating a deceased petitioner’s family based petition

[nileprince]

HI,
My Wife's mother filed petition for her and it was approved in 2000. We have received only Notice of Action stating the approval. To my knowledge we were supposed to receive Packet 3 for further procdures which we did not. Two years back her mother expired. While tracking petition case status it still shows up as" Post decesion Activity". Does this mean that petition is still active ? Can our case be reinstated ?
THNKS

 

[BigJoe5]

SEE: http://www.uscis.gov/USCIS/Laws/Memoranda/2011/January/Death-of-Qualifying-Relative.pdf

"If, after the death of a qualifying relative, a visa petition is approved or not revoked under new INA section 204(l), then another individual who qualifies as a “substitute sponsor” must submit a Form I-864, Affidavit of Support under section 213A of the Act. If the alien is not required under sections 212(a)(4)(C) and 213A of the Act and 8 C.F.R. § 213a.2(a)(2)(ii) to have a legally binding affidavit of support, then there is no need for a substitute sponsor to submit a Form I-864."

You need to contact NVC and inquire. Google for NVC and find the e-mail address for inquiries.

Family 3rd pref seems to be available for most countries (check the visa bulletin). You need a substitute sponsor because of the petitioner's death. Also, you need to make sure that they have correct contact information for your wife. If they tried to make contact and no visa application was submitted it could get terminated. Do not delay.

 

[nileprince]

Hi

 

[nileprince]

Thanks BigJoe5,
Petition was approved before the petitioner passed away. Beneficiary is Married Daughter and has substitute Sponsorer to submit Form I-864 under Section 213A. We just do not have knowledge of Process to activate Petition which bears message 'post decession activity. I think NVC entertains Petitioner rather than answering Benificiary. I need help and guidance on how to know that petition is alive and not terminated.

 

[nileprince]

If in any case petition is terminated Do we stand any chance to refile or open the case again ?
THNKS