if petitioner died

[hfsitumo2001]

Hello,

My father in law is already old and his health condition is bad. Petition was approved in Jun 2009, but until now I have not received the visa papers. All will cancel if my father in law died. Is there anyway to expedite the process?. If he died, is there any way other then starting all over again by my brother in law who is US citezen?.

Thanks for any idea

Frank

[daru786]

Hello,

My father in law is already old and his health condition is bad. Petition was approved in Jun 2009, but until now I have not received the visa papers. All will cancel if my father in law died. Is there anyway to expedite the process?. If he died, is there any way other then starting all over again by my brother in law who is US citezen?.

Thanks for any idea

Frank

There is a way even when the petitioner passes away. USCIS can grant a GC on humanitarian grounds. I have heard cases where people did get their GC even after the petitioner passed away.
Instead of think what if your father in law dies, I would be praying for his health and longevity.......

[hfsitumo2001]

There is a way even when the petitioner passes away. USCIS can grant a GC on humanitarian grounds. I have heard cases where people did get their GC even after the petitioner passed away.
Instead of think what if your father in law dies, I would be praying for his health and longevity.......

Thank you Daru.... for your prayer... yes... For Him nothing is imposible. Could you inform me what humanitarian ground should I say.

Thanks & Regards,

Frank
Jakarta, Indonesia

[mehta_agm1979]

Thank you Daru.... for your prayer... yes... For Him nothing is imposible. Could you inform me what humanitarian ground should I say.

Thanks & Regards,

Frank
Jakarta, Indonesia

Frank,
Please ask your Mother inlaw to be included as a part of father inlaws sponsoror.
Your mother inlaw shud contact USCIS to be included in the petition which your father inlaw has filed. If your mother inlaw is included then there will be 2 individuals who are sponsoring you in the same file. Ask her to make an Infopass appointment with USCIS.

agm

[hfsitumo2001]

Frank,
Please ask your Mother inlaw to be included as a part of father inlaws sponsoror.
Your mother inlaw shud contact USCIS to be included in the petition which your father inlaw has filed. If your mother inlaw is included then there will be 2 individuals who are sponsoring you in the same file. Ask her to make an Infopass appointment with USCIS.

agm

Mehta,

The problem is because my mother in law is still on the Green Cards status since she can not speak English at that time. My brother in law is US citizen, but it can not be combined as a sponsor for UC citizen to claim married children. P;ease inform me if there is still any other ways.

Frank

[mehta_agm1979]

Well, I thought the only option was to get your mom inlaw become a naturalised US citizen and get her hooked to the file your father inlaw filed.
If she cannot speak english at all then i guess its just a wait and watch situation. Your brother inlaw can file for you guys but it would be a much much longer wait for you.

Cant your mother inlaw file for US citizenship now ? This is the last alternative at the moment. Coz if your father inlaw dies by the time your petition comes for hearing you have lost your chance to immigrate and the file will be cancelled. At that time you can invoke the humanitarian grounds of continuing with the petition..you will need to hire a experienced lawyer handling such cases. You will have to prove USCIS why the file needs continuation when the petitioner is not alive.

We were in the same boat like you..my uncle had filed for my mom in 1981 and he passed away before our petition became current in 1989. On the interview date it was cancelled by the consulate saying that since our petitioner died we could not immigrate..even though my other uncles had sent sponsorship papers. It was way back in 1989 when there was no law for humanitarian grounds reinstatement. Later on my other uncle filed for us in F4 category and my parents had to wait another 12 years to immigrate. Total wait period for first file was 9 years. Second file waiting was 12 years..In all my parents waited 21 years. Then they filed for me and i waited 6.5 years to immigrate. I just moved to US.

I think you should read further on what if petitioner dies before the file is current. Different situations apply when the petitioner dies before the case is current. And when the petitoner dies after the file becomes current and/or visa is issued. Now rules have changed and hopefuly there would be a way in which you can immigrate. You cant even expedite your case on the basis of your father inlaws health as your file is not current.

We have been in your type of situation and i can understand your choices.

agm

[hfsitumo2001]

Well, I thought the only option was to get your mom inlaw become a naturalised US citizen and get her hooked to the file your father inlaw filed.
If she cannot speak english at all then i guess its just a wait and watch situation. Your brother inlaw can file for you guys but it would be a much much longer wait for you.

Cant your mother inlaw file for US citizenship now ? This is the last alternative at the moment. Coz if your father inlaw dies by the time your petition comes for hearing you have lost your chance to immigrate and the file will be cancelled. At that time you can invoke the humanitarian grounds of continuing with the petition..you will need to hire a experienced lawyer handling such cases. You will have to prove USCIS why the file needs continuation when the petitioner is not alive.

We were in the same boat like you..my uncle had filed for my mom in 1981 and he passed away before our petition became current in 1989. On the interview date it was cancelled by the consulate saying that since our petitioner died we could not immigrate..even though my other uncles had sent sponsorship papers. It was way back in 1989 when there was no law for humanitarian grounds reinstatement. Later on my other uncle filed for us in F4 category and my parents had to wait another 12 years to immigrate. Total wait period for first file was 9 years. Second file waiting was 12 years..In all my parents waited 21 years. Then they filed for me and i waited 6.5 years to immigrate. I just moved to US.

I think you should read further on what if petitioner dies before the file is current. Different situations apply when the petitioner dies before the case is current. And when the petitoner dies after the file becomes current and/or visa is issued. Now rules have changed and hopefuly there would be a way in which you can immigrate. You cant even expedite your case on the basis of your father inlaws health as your file is not current.

We have been in your type of situation and i can understand your choices.

agm

Thank you Mehta for sharing me your experience. I will check with my brother in law whether my Mom in law has been a citizen. On top of this please pray for us, coz for Him nothing is impossible

Yes.. you are right, I have tried sending my email to NVC Inqury attacheing the foto of my father in law who is sick.. but the answer from NVC.. said that they can not expedite the petitione since there is no visa available for F3 categpry.

Thanks and Regards,

Frank
Jakarta, Indonesia

[mehta_agm1979]

dont worry and stay positive. Hopefully things will be sorted out. Your family is in my prayers..
Whatever happens ..will happen for the best.
See what things can be done at the moment..train your mom inlaw to be a citizen..It shud not take more then 4-6 months to once she applies for naturlaisation...train her on simple english and civics..

[rjp]

dont worry u r still able to immigrate...

Hey friend ...dont worry even if ur petitioner die u can still immigrate to usa(though i pray for the long life of petitioner)....this is the rule....i have read somewhere ...hopefully i can provide u like to that....but this is law for sure ...if petitioner die beneficiary still can immigrate ....if beneficiary die u derivative can not immigrate....

i think this should be enough for u....bye..tc

[aovaldez06]

sending the request for humanitarian reinstatement...

Hi everyone and God bless!

Just want to ask the following concerns:

1. I sent my request for the humanitarian reinstatement to NVC as well as the necessary documents i.e. pdf copy of AOS by the Substitute Sponsor, Birth Certificates that will attest my relationship to the Substitute Sponsor and the Certificate of Naturalization of the Subt. Sponsor. My question is: how long would it take the USCIS to render a decision and inform me if it is approved or disapproved?

After I electronically gave all the above documents to NVC, they replied to me "This case is being returned to the U.S. Citizenship and Immigration Services (CIS-formerly known as INS). Any further inquiries should be directed to CIS."

2. Do I have to furnish USCIS of the original document I recently gave to NVC? and where is the address of USCIS? Is the address below is correct?
U.S. Citizenship & Immigration Services
111 Massachusetts Ave. N.W.
Washington, D.C. 20529-2260

Thanks for those who can answer my query.

[mehta_agm1979]

Hi everyone and God bless!

Just want to ask the following concerns:

1. I sent my request for the humanitarian reinstatement to NVC as well as the necessary documents i.e. pdf copy of AOS by the Substitute Sponsor, Birth Certificates that will attest my relationship to the Substitute Sponsor and the Certificate of Naturalization of the Subt. Sponsor. My question is: how long would it take the USCIS to render a decision and inform me if it is approved or disapproved?

After I electronically gave all the above documents to NVC, they replied to me "This case is being returned to the U.S. Citizenship and Immigration Services (CIS-formerly known as INS). Any further inquiries should be directed to CIS."

2. Do I have to furnish USCIS of the original document I recently gave to NVC? and where is the address of USCIS? Is the address below is correct?
U.S. Citizenship & Immigration Services
111 Massachusetts Ave. N.W.
Washington, D.C. 20529-2260

Thanks for those who can answer my query.

First of all you should have started a new thread to avoid any confusion.
NVC has moved your file to USCIS which means the right to approval now resides with USCIS. NVC is just a mediator between the applicants and USCIS. NVC doesnt approve or deny a petition.

USCIS will let you know if the grounds of humanitarion reinstatement is sufficient and appropriate in your case or not. ie whether there is hardship to a US citizen/subs sponsor

Agm

[aovaldez06]

First of all you should have started a new thread to avoid any confusion.
NVC has moved your file to USCIS which means the right to approval now resides with USCIS. NVC is just a mediator between the applicants and USCIS. NVC doesnt approve or deny a petition.

USCIS will let you know if the grounds of humanitarion reinstatement is sufficient and appropriate in your case or not. ie whether there is hardship to a US citizen/subs sponsor

Agm

Thank you very much Sir/Madam for your answer in my query..Would you mind if I ask from your experience, if there is, how long would it take for USCIS to render a decision? Is the address I have for USCIS is correct? thanks again for your future reply..God bless!

[mehta_agm1979]

Nobody can tell you how long will it take USCIS to give you the decision.
It can take days/weeks/Months..
In your query you mentioned that NVC sent your case to USCIS. Try calling the customer number on uscis.gov ..and check for your case.

I think NVC would have sent your case to USCIS jurisdiction where your case was approved initially before it was sent to NVC.

Agm

[aovaldez06]

Nobody can tell you how long will it take USCIS to give you the decision.
It can take days/weeks/Months..
In your query you mentioned that NVC sent your case to USCIS. Try calling the customer number on uscis.gov ..and check for your case.

I think NVC would have sent your case to USCIS jurisdiction where your case was approved initially before it was sent to NVC.

Agm

Thanks again for your reply. "It can take days/weeks/Months.." Am just happy you did not put 'years' here..

Anyway, just to let you know the contents of my reinstatement letter that I submitted to USCIS thru NVC:

____________________________________________________________ _____
16 May 2011

Subject: Request for Humanitarian Reinstatement

National Visa Center
Attn: CMR
31 Rochester Ave. Suite 100
Portsmouth, NH 03801-2914


Dear Sir/Madam:

This is with regards to my application for immigration with NVC Case No. ______________________.

As I am aware that my immigration application is revoked since the death of my father _________________________(Petitioner) who died on __________________________, may I request your good office for a humanitarian reinstatement of my visa petition. The reasons for my request of reinstatement are as follows:

1. My aging mother (petitioner’s common-law wife) who lives in San Jose, California since the year 1993 is now at the bereavement stage and considering her age at 78 years old and deteriorating health conditions, my presence and care to her in the U.S. is indeed necessary.

2. Either one of my three brothers who are living in Stockton, San Diego and Fremont California are very much willing to execute an Affidavit of Support (Substitute Sponsor) to me. They are now in the process of filling-up the form (I-864) and to be submitted to NVC as soon as possible.

3. I might say I have a strong family ties in the United States since my mother and my three siblings are living in the U.S. for more than 15 years. Reuniting with them after more than a decade is my wish to God that you can possibly grant to me.

I hope and pray for your favorable decision regarding my case. Thank you and God bless.
____________________________________________________________ _____

I dont think of anymore reasons to put in the letter aside from the above statements. Are these reasons qualify to get a favorable answer from USCIS? Just want to know your opinions.

Thank you very much again! God bless!

[sothasaying]

Dear Sir,

I have the same case as my dad who was the petitioner has passed away so I am not sure how is your case now? Do you have remaining immediate relatives in your home country?

Thanks!

Sotha

Thanks again for your reply. "It can take days/weeks/Months.." Am just happy you did not put 'years' here..

Anyway, just to let you know the contents of my reinstatement letter that I submitted to USCIS thru NVC:

____________________________________________________________ _____
16 May 2011

Subject: Request for Humanitarian Reinstatement

National Visa Center
Attn: CMR
31 Rochester Ave. Suite 100
Portsmouth, NH 03801-2914


Dear Sir/Madam:

This is with regards to my application for immigration with NVC Case No. ______________________.

As I am aware that my immigration application is revoked since the death of my father _________________________(Petitioner) who died on __________________________, may I request your good office for a humanitarian reinstatement of my visa petition. The reasons for my request of reinstatement are as follows:

1. My aging mother (petitioner’s common-law wife) who lives in San Jose, California since the year 1993 is now at the bereavement stage and considering her age at 78 years old and deteriorating health conditions, my presence and care to her in the U.S. is indeed necessary.

2. Either one of my three brothers who are living in Stockton, San Diego and Fremont California are very much willing to execute an Affidavit of Support (Substitute Sponsor) to me. They are now in the process of filling-up the form (I-864) and to be submitted to NVC as soon as possible.

3. I might say I have a strong family ties in the United States since my mother and my three siblings are living in the U.S. for more than 15 years. Reuniting with them after more than a decade is my wish to God that you can possibly grant to me.

I hope and pray for your favorable decision regarding my case. Thank you and God bless.
____________________________________________________________ _____

I dont think of anymore reasons to put in the letter aside from the above statements. Are these reasons qualify to get a favorable answer from USCIS? Just want to know your opinions.

Thank you very much again! God bless!