substitute sponsorship

[great_dane]

Got a Unique issue here
my Dad Had A Petition from his us citizen mother with a date of feb 1989
she has passed away and I wanted to have his sister who is also a U.S citizen to substitute The petition so that way he can bring the 2 children he has who are under 21

but I have a Ir5 petition for him last feb 16th but he wont be able to bring his children which he is a widow and cant leave them behind so what the possibility to have a substitute so he can bring his under 21 children with him?

[daru786]

Got a Unique issue here
my Dad Had A Petition from his us citizen mother with a date of feb 1989
she has passed away and I wanted to have his sister who is also a U.S citizen to substitute The petition so that way he can bring the 2 children he has who are under 21

but I have a Ir5 petition for him last feb 16th but he wont be able to bring his children which he is a widow and cant leave them behind so what the possibility to have a substitute so he can bring his under 21 children with him?

You cannot substitute petition. His sister will have to file a new petition.

[great_dane]

You cannot substitute petition. His sister will have to file a new petition.

Well then why did the NVC Center Forward me this information if its not possible?
thats why im trying to figure out i never new about it before

USCIS advises that in order to pursue consideration for substitute sponsorship or humanitarian reinstatement of the petition, you must submit the following to USCIS:
Written request for reinstatement from the beneficiary of the original petition or from a substitute sponsor if the beneficiary is a minor child
Sufficient documentation to identify and document the humanitarian reason for reinstatement. (e.g. evidence of a long time residence and any equity in the United States, evidence of health related factors that would establish the need for the reinstatement of the petition, etc.)
An Affidavit of Support (Form I-864) from the substitute sponsor, containing an original signature of the sponsor. The substitute sponsor must be an immediate family member or a legal guardian of the beneficiary, such as a:
- spouse
- parent
- mother-in-law/ father-in-law
- sibling
- child (if at least 18 years of age)
- son-in-law/ daughter-in-law
- sister-in-law/ brother-in-law
- grandparent
- grandchild
Evidence to establish the substitute sponsor's immigration status or U.S. citizenship
The petitioner's death certificate (if the petitioner died outside of the United States, you must establish that it was not the petitioner's intent to abandon his/her lawful permanent resident status)
Evidence of the relationship between the new sponsor and the beneficiary

[daru786]

Well then why did the NVC Center Forward me this information if its not possible?
thats why im trying to figure out i never new about it before

USCIS advises that in order to pursue consideration for substitute sponsorship or humanitarian reinstatement of the petition, you must submit the following to USCIS:
Written request for reinstatement from the beneficiary of the original petition or from a substitute sponsor if the beneficiary is a minor child
Sufficient documentation to identify and document the humanitarian reason for reinstatement. (e.g. evidence of a long time residence and any equity in the United States, evidence of health related factors that would establish the need for the reinstatement of the petition, etc.)
An Affidavit of Support (Form I-864) from the substitute sponsor, containing an original signature of the sponsor. The substitute sponsor must be an immediate family member or a legal guardian of the beneficiary, such as a:
- spouse
- parent
- mother-in-law/ father-in-law
- sibling
- child (if at least 18 years of age)
- son-in-law/ daughter-in-law
- sister-in-law/ brother-in-law
- grandparent
- grandchild
Evidence to establish the substitute sponsor's immigration status or U.S. citizenship
The petitioner's death certificate (if the petitioner died outside of the United States, you must establish that it was not the petitioner's intent to abandon his/her lawful permanent resident status)
Evidence of the relationship between the new sponsor and the beneficiary

To be honest, my knowledge would be limited in this unique situation. I hope some senior member will help you here. If not than I would advise you to look up some lawyers who offer free initial consultation.
Good Luck!