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My brother has an approved petition from my US citizen father who died in 2007. NVC recently sent my brother a notice to start processing the visa. My brother has never been to the US. Should we complete the process/steps (pay the affidavit of support and D160 fees), submit an affidavit of support for my brother and send all the documentation including my father's death certificate and a request to allow myself to become a substitute sponsor? Any feedback from this group will be greatly appreciated. Thank you
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The petitioner's death automatically kills the petition. There are two situations in which is can be reinstated: 204(l) reinstatement (this requires that at least one of the beneficiaries was residing in the US at the time the petitioner died, and continued to reside in the US until now; this doesn't seem to be the case here) or humanitarian reinstatement (this requires that the petition have been approved before the petitioner died, and there are compelling humanitarian reasons for reinstatement; I don't think your brother would have compelling humanitarian reasons if he has never been to the US). So it doesn't look too likely that he will be able to immigrate based on this petition.Originally posted by sonoma923 View Post
This is my personal opinion and is not to be construed as legal advice.
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