Most unfortunate scenario!!

[diadromous mermaid 36]

So let me get it straight. The OP being already in the states aside, in the general sense, are you suggesting that even though their visas were granted, and subsequent to that the I-864 became invalid, that any inadmissibility is excusable?

§531 of the new law amends INA §212(a)(4) to require virtually all aliens immigrating through one of the family-based categories must obtain a legally binding affidavit of support as a condition of admission.

Yes, they are probably already in the U.S. If there is some allegation made that they entered illegally because of a small technicality, then they are entitled to due process before a determination is made. More than likely, no such allegation will be made. There are many factors entering into a decision to grant visas, only one of which is the sponsorship. They had worked for years to get these visas, were found eligible, and should be admitted. Inadmissability of a drug dealer is exactly why we have visa laws to begin with.

[Old Dominion 26]

The statute requires them to "obtain a legally binding affidavit of support." They complied with the law, and were granted a visa. Nothing so far has been cited as instruction for them to turn in, or refrain from using, a lawfully granted visa. Again, if something hits the fan here in the US, a court may or may not find precedent that governs in this type of case. Let's all hope they are safely here already.

[pushbrk 13,073]

The statute requires them to "obtain a legally binding affidavit of support." They complied with the law, and were granted a visa. Nothing so far has been cited as instruction for them to turn in, or refrain from using, a lawfully granted visa. Again, if something hits the fan here in the US, a court may or may not find precedent that governs in this type of case. Let's all hope they are safely here already.

That would be my position as well. If here, they are entitled to due process. This being a rare case, I don't see them being sent home unless something else is amiss. Chances are, if they are financially solvent and remain so, there will never be an issue to deal with at all.

On the other hand, (as I've said before) if they don't have contacts, prospects, funds and access to the address shown as their intended, they would be foolish to immigrate at this time.

[rebeccajo 14]

I'm surprised that most of you participating in this discussion seem so much more focused on the use of the immigrant visa and whether it would be discovered to have occurred after the death of the sponsor, than you are of the clear case of inadmissibility of ANY alien without an I-864. As far as I can see, the I-864 comes into play at the POE when the alien activates the visa and becomes a permanent resident. Until that time the I-864 is just a simple piece of paper without any function.

So, we know that the I-864 becomes invalid upon death of the sponsor. If the deceased's estate would suffice in the case of a sponsor that dies after signing the Affidvit, no "substitute sponsor" would be needed as a matter of law. The estate of the deceased might be on the hook for any claim of repayment for benefits drawn but cannot be left liable for a period of time that could be the lifetime of an alien (in that the alien might never work enough to accrue 40 quarters, or might never Naturalize). Therefore, I think the suggestion that the estate is sufficient to satisfy the terms of the I-864 is probably wrong.

What amazes me, in this casxe, is that for all intents and purposes, these aliens are inadmissible if the I-864 is no longer valid. Why is their case of inadmissibility any less significant to you who claim they should just "come on down!" than the inadmissibility of an alien that has declared he has distributed drugs, for example?

What's even more amazing is the discussion is allowed to perpetuate itself.

[pushbrk 13,073]

I'm surprised that most of you participating in this discussion seem so much more focused on the use of the immigrant visa and whether it would be discovered to have occurred after the death of the sponsor, than you are of the clear case of inadmissibility of ANY alien without an I-864. As far as I can see, the I-864 comes into play at the POE when the alien activates the visa and becomes a permanent resident. Until that time the I-864 is just a simple piece of paper without any function.

So, we know that the I-864 becomes invalid upon death of the sponsor. If the deceased's estate would suffice in the case of a sponsor that dies after signing the Affidvit, no "substitute sponsor" would be needed as a matter of law. The estate of the deceased might be on the hook for any claim of repayment for benefits drawn but cannot be left liable for a period of time that could be the lifetime of an alien (in that the alien might never work enough to accrue 40 quarters, or might never Naturalize). Therefore, I think the suggestion that the estate is sufficient to satisfy the terms of the I-864 is probably wrong.

What amazes me, in this casxe, is that for all intents and purposes, these aliens are inadmissible if the I-864 is no longer valid. Why is their case of inadmissibility any less significant to you who claim they should just "come on down!" than the inadmissibility of an alien that has declared he has distributed drugs, for example?

What's even more amazing is the discussion is allowed to perpetuate itself.

Why do you say that?

[rebeccajo 14]

I'm surprised that most of you participating in this discussion seem so much more focused on the use of the immigrant visa and whether it would be discovered to have occurred after the death of the sponsor, than you are of the clear case of inadmissibility of ANY alien without an I-864. As far as I can see, the I-864 comes into play at the POE when the alien activates the visa and becomes a permanent resident. Until that time the I-864 is just a simple piece of paper without any function.

So, we know that the I-864 becomes invalid upon death of the sponsor. If the deceased's estate would suffice in the case of a sponsor that dies after signing the Affidvit, no "substitute sponsor" would be needed as a matter of law. The estate of the deceased might be on the hook for any claim of repayment for benefits drawn but cannot be left liable for a period of time that could be the lifetime of an alien (in that the alien might never work enough to accrue 40 quarters, or might never Naturalize). Therefore, I think the suggestion that the estate is sufficient to satisfy the terms of the I-864 is probably wrong.

What amazes me, in this casxe, is that for all intents and purposes, these aliens are inadmissible if the I-864 is no longer valid. Why is their case of inadmissibility any less significant to you who claim they should just "come on down!" than the inadmissibility of an alien that has declared he has distributed drugs, for example?

What's even more amazing is the discussion is allowed to perpetuate itself.

Why do you say that?

Seems to me the discussion borders on advising in favor of illegal behavior.

[pushbrk 13,073]

I'm surprised that most of you participating in this discussion seem so much more focused on the use of the immigrant visa and whether it would be discovered to have occurred after the death of the sponsor, than you are of the clear case of inadmissibility of ANY alien without an I-864. As far as I can see, the I-864 comes into play at the POE when the alien activates the visa and becomes a permanent resident. Until that time the I-864 is just a simple piece of paper without any function.

So, we know that the I-864 becomes invalid upon death of the sponsor. If the deceased's estate would suffice in the case of a sponsor that dies after signing the Affidvit, no "substitute sponsor" would be needed as a matter of law. The estate of the deceased might be on the hook for any claim of repayment for benefits drawn but cannot be left liable for a period of time that could be the lifetime of an alien (in that the alien might never work enough to accrue 40 quarters, or might never Naturalize). Therefore, I think the suggestion that the estate is sufficient to satisfy the terms of the I-864 is probably wrong.

What amazes me, in this casxe, is that for all intents and purposes, these aliens are inadmissible if the I-864 is no longer valid. Why is their case of inadmissibility any less significant to you who claim they should just "come on down!" than the inadmissibility of an alien that has declared he has distributed drugs, for example?

What's even more amazing is the discussion is allowed to perpetuate itself.

Why do you say that?

Seems to me the discussion borders on advising in favor of illegal behavior.

We have lots of discussion about where the fences are. No matter how much we discuss where it MIGHT BE, it's not at all clear to me where this one actually is.

What IS clear is that the intending immigrants in this case COMPLETED a legal ten-year process to obtain immigrant visas. So far, nobody has come up with any reference to indicate they are not allowed to use those visas. We see they would not have been issued visas if the petitioner died before the visas were issued but have seen nothing that addresses directly their circumstance. We've seen some citations that COULD BE interpreted in such a way the immigrants might face some issues in the future but those could just as easily be interpreted differently. If necessary, a judge can decide.

If I were in the immigrant's shoes and had reason to believe I would have a prosperous and financially independent (from the government) life in the US, I certainly wouldn't change my plans because some anonymous person on a website said I might have a problem in the future. By the same token, if I were the kind of person that always avoids the potential of having to defend my actions, I wouldn't change my nature bassed on some other anonymous person on the same website said that in the unlikely event of a problem, I was likely to prevail.

We don't have a definitive answer in this case. We also have no further participation from the OP/intending immigrant who has more than likely made and implemented their decision already anyway.

[rebeccajo 14]

I don't think the beneficiaries should be drawing any conclusions from information on a website either.

I think they need to lawyer up.

And I think the Admin of this website needs to acknowledge that no one here should be advising anything else.

[pushbrk 13,073]

I don't think the beneficiaries should be drawing any conclusions from information on a website either.

I think they need to lawyer up.

And I think the Admin of this website needs to acknowledge that no one here should be advising anything else.

Perhaps but as usual it's way too late for that to have an impact.

[toma1 10]

The visas have been issued--there is no longer an active approved petition to revoke. And in any event, I assume that the SecState and AG have not sent letters of revocation of approval... I'd get on the plane unless an official told me otherwise.

1. Immigration and Nationality Act of 1952 (INA), Pub.L.No. 82-414, 66 Stat. 163 (codified as amended at 8 USC § 1101-1524)(hereinafter INA); INA § 205, 8 U.S.C. 1155

The Attorney General may, at any time, for what she deems to be good and sufficient cause, revoke the approval of any family petition under the immediate relative or preference categories. Notice of revocation must be mailed to the petitioner's last known address as well as communicated through the Secretary of State to the beneficiary before he or she enters the United States.

Regulations

1. 8 CFR § 205.1(a)(3)(i) Automatic Revocation of Immediate Relative and Family Sponsored Petition

Approval of a visa petition of a relative of a United States citizen or a permanent alien resident is automatically revoked under several circumstances, including death. The petition is revoked, inter alia, based

(B) Upon the death of the petitioner or beneficiary.

© Upon the death of the petitioner unless the Attorney General in her discretion determines that for humanitarian reasons revocation would be inappropriate.

[pingping 0]

Hi there,

sorry for your lost !

I think you should think the positive things, like you all get the visa , like your grandpa got the visa before he passed away , it is better that he got the visa saw the hope than if he died before the approval.

death happens to every single life, it does not matter as much when the human body dies, it matters more how the human live the life and how piece the human left the earth.

and there is nothing you can do to stop the death , what you can do now is take care of the rest of your family and yourself , I think your grandpa will be happy to see that . right ?

cheer up !

pingping

[pushbrk 13,073]

Hi there,

sorry for your lost !

I think you should think the positive things, like you all get the visa , like your grandpa got the visa before he passed away , it is better that he got the visa saw the hope than if he died before the approval.

death happens to every single life, it does not matter as much when the human body dies, it matters more how the human live the life and how piece the human left the earth.

and there is nothing you can do to stop the death , what you can do now is take care of the rest of your family and yourself , I think your grandpa will be happy to see that . right ?

cheer up !

pingping

Grandpa didn't get a visa. Grandpa was the US Citizen who petitioned for his family members. The family members have the visas.

[Giskat09 2]

Ok heres a situation that will make you all guys feel fortunate enough, cos you'll be thanking God that this didn't happened to you..

Our family got denied on interview approximately a year before, as a normal reaction, we got depressed and a lot of money was wasted. After a year, finally after all the years of waiting and waiting, and another course of waiting on the appeal of the lawyer regarding our case to grant another chance for the visa, we are approved and recieved our visa. Now everything is ready and it seems everything is going smooth, we will have our flight a couple of days from now.... and we received one of the worst news in our lives, the petitioner died (grandpa).

Does anybody anybody know what to do? Or any ideas? We waited for almost 10 years, or more for this petition to make it happen..

Are those years and years of waiting will go to waste? Please a little help will be highly appreciated. I really dont know what to do.

I'm in a really bad state now, emotionally speaking. It's really frustrating.

get a co sponsor then..... we have the same case. my husband's uncle received a letter that his papers was approved however the petitioner (grandfather) died 4 yrs ago... My father in law is trying to ask for help on what he should do and he was informed ( i dont know who) that he can take over petition since he is a USC..