my mother's petition

[Lil Miss Sunshine 14]

my mother was petitioned back in the mid to late 80s by her father (my grandpa). since there was a backlog, it took a very long time to hear anything from the INS (back then). so when she got an approval from INS around 2001, my grandfather was needing one of my aunts (my mom's sisters) help for the affidavit of support or joint sponsor. but my aunts were too busy to fill out applications. unfortunately, my grandfather passed away 5 years ago. i've read that when the petitioner dies, the petition dies as well. is there anyway my one of my aunts can petition my mother without waiting for God knows how long again? what needs to be done to get her here in the US? i'm undergoing through adjustment of status. i understand i have to be a USC first before i can petition her but i don't want to wait that long since she has a pending petition.

any help will be appreciated. thank you in advance.

[Kez/JWolf 6]

The fastest way for your mother to join you in the US is for you to file I-130 once you become a Citizen.... then she will be classed as an immediate relative of a USC and she will not have to wait for a visa number.. she will be able to get her visa as quickly as it can be processed... she would be applying for a IR5 visa which is almost the same as a IR1, same forms and same sort of timeframe...

Kez

[diadromous mermaid 36]

my mother was petitioned back in the mid to late 80s by her father (my grandpa). since there was a backlog, it took a very long time to hear anything from the INS (back then). so when she got an approval from INS around 2001, my grandfather was needing one of my aunts (my mom's sisters) help for the affidavit of support or joint sponsor. but my aunts were too busy to fill out applications. unfortunately, my grandfather passed away 5 years ago. i've read that when the petitioner dies, the petition dies as well. is there anyway my one of my aunts can petition my mother without waiting for God knows how long again? what needs to be done to get her here in the US? i'm undergoing through adjustment of status. i understand i have to be a USC first before i can petition her but i don't want to wait that long since she has a pending petition.

any help will be appreciated. thank you in advance.

The Family Sponsor Immigration Act of 2002 was signed into law on March 13, 2002. In a June 15, 2002 memo, USCIS verifies that the new law permits the foreign national's spouse, parent, mother-in-law, father-in-law, sibling, child who is at least 18 years of age, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian to become a substitute sponsor if a family-based visa petitioner dies following the approval of the I-130 petition but before the foreign national obtains permanent residence. Unfortunately, there is no provision for a substitute sponsor if the I-130 is not approved prior to the original sponsoring relative’s death. Even if the I-130 has been approved, Mr. Williams, Executive Associate Commissioner in the Office of Field Operations at USCIS, has instructed USCIS offices that reinstatement of the application to adjust status is not automatic but continues to be a matter of discretion. INS must continue to determine whether "humanitarian reinstatement" is appropriate based on the individual facts of the case. The Memo suggests that a major factor to consider is whether "failure to reinstate would lead to a harsh result contrary to the goal of family reunification."

[Lil Miss Sunshine 14]

my mother was petitioned back in the mid to late 80s by her father (my grandpa). since there was a backlog, it took a very long time to hear anything from the INS (back then). so when she got an approval from INS around 2001, my grandfather was needing one of my aunts (my mom's sisters) help for the affidavit of support or joint sponsor. but my aunts were too busy to fill out applications. unfortunately, my grandfather passed away 5 years ago. i've read that when the petitioner dies, the petition dies as well. is there anyway my one of my aunts can petition my mother without waiting for God knows how long again? what needs to be done to get her here in the US? i'm undergoing through adjustment of status. i understand i have to be a USC first before i can petition her but i don't want to wait that long since she has a pending petition.

any help will be appreciated. thank you in advance.

The Family Sponsor Immigration Act of 2002 was signed into law on March 13, 2002. In a June 15, 2002 memo, USCIS verifies that the new law permits the foreign national's spouse, parent, mother-in-law, father-in-law, sibling, child who is at least 18 years of age, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian to become a substitute sponsor if a family-based visa petitioner dies following the approval of the I-130 petition but before the foreign national obtains permanent residence. Unfortunately, there is no provision for a substitute sponsor if the I-130 is not approved prior to the original sponsoring relative’s death. Even if the I-130 has been approved, Mr. Williams, Executive Associate Commissioner in the Office of Field Operations at USCIS, has instructed USCIS offices that reinstatement of the application to adjust status is not automatic but continues to be a matter of discretion. INS must continue to determine whether "humanitarian reinstatement" is appropriate based on the individual facts of the case. The Memo suggests that a major factor to consider is whether "failure to reinstate would lead to a harsh result contrary to the goal of family reunification."

i suppose in this case, we'd better consult an immigation lawyer.

thanks for your replies. i appreciate it very much!

Edited March 8, 2008 by IsPiKiKaY