What happens when petitioner dies?

[mahesh_nj_65]

My father filed for us (Family of 4) and my sister sent all the sponsorship documents. We got the paper from BCIS - that our paper work is completed and file has been sent to our local consulate office. We will get visa call when date becomes current.We already paid $1500 - application processing fees and we were just awaiting for visa call. Now suddenly my father died outside of USA. It was so shocking for the family.
Now what can happen?
Someone says don't declare the death,
Someone says we are ok as it was already paid up.
Someone says ask for file transfer to mother (She is also US Citizen) on humanatirian basis.
I like the last option - but what are the chances of approval for file transfer?
We are expecting visa call in next 12 months...
Please help us!!!!!!

 

[cherr1980]

You had post many times the same thread. It is necessary just one. I am sorry for your lost.
Probably all is not lost because your mother is a USC too, check with a lawyer how you can transfer your father's petition to your mother, plus I guess you will have to provide new documents, like your mother's citizenship and Affidavit of Support. I just don't know how the process should be, good luck,

I found this on one of the American Consular Offices
website:http://www.usemb.gov.do/Consular/iv-faq-answers.htm

What happens if the petitioner dies before the principal beneficiary has immigrated to the United States?

If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked pursuant to 8 CFR 205.1(a)(3). This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS).

If there are compelling humanitarian circumstances, the consular officer may recommend that DHS reinstate the petition. Alternatively, the applicant may contact directly the DHS office that approved the petition to request that it be reinstated for humanitarian reasons. If DHS reinstates the petition, the consular officer will contact the applicant(s) soon thereafter.

Please see 9 FAM 42.42 PN2 for more information on humanitarian reinstatement.

 

[ysantiago]

My family was here under the H1 visa and suddenly my grandfather-petitioner died. My mother surrendered the information in her interview, thinking it would be fine. When INS found out they said the whole petition would be rewoked and got a letter telling us to go home. We tried doing the humanitarian reinstatement but it was rejected. I would suggest consulting a really good lawyer before you go to your interview. Another option is Family Sponorship Law or something like that... good luck!