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Posted

I have a question my Aunt's son die last week and waiting to send there DS-230 so they can get there interview date. does this cancel my aunts application she is so close to finishing. please help

Met Danica at school 8/23/05

Married 3/08/08

I-130 5/14/08

I-130 received by V BUSTAMANTE 5/15/08

NOA1 Hard Copy 5/20/08

NOA2 by e-mail 12/16/08

NVC packet 12/30/08

Interview 06/22/09

<a href="http://www.TickerFactory.com/">

<img border="0" src="http://tickers.TickerFactory.com/ezt/d/4;10747;405/st/20090622/e/Interview/k/6c80/event.png"></a>

Posted
is her son the one who petitioned?

yeah her son was the one who was petitioning them to come to the USA

Met Danica at school 8/23/05

Married 3/08/08

I-130 5/14/08

I-130 received by V BUSTAMANTE 5/15/08

NOA1 Hard Copy 5/20/08

NOA2 by e-mail 12/16/08

NVC packet 12/30/08

Interview 06/22/09

<a href="http://www.TickerFactory.com/">

<img border="0" src="http://tickers.TickerFactory.com/ezt/d/4;10747;405/st/20090622/e/Interview/k/6c80/event.png"></a>

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted
is her son the one who petitioned?

yeah her son was the one who was petitioning them to come to the USA

if the petitioner died for a reason or another ...so the applican not anymore eligible to recieve an Immigrant Visa

im so sorry about what happened :(

you are advised to report NVC at once

im sorry

YA ALAH Bless Our Joureny To The End , Ameen

Je T'aime Till My Dying Day

Posted

i found this on the internet

"In March, 2002, President Bush signed the Family Sponsor Immigration Act. This law specifically addresses the

problem caused by the death of the petitioner. It permits another close relative such as a parent, spouse, brother or sister, to sign the requisite affidavit

of support in the place of the deceased petitioner, freeing up the USCIS to reinstate petitions voided by the death of the petitioner. The USCIS can now reinstate a

petition when the petitioner has died if there is a close relative to sign the affidavit of support.. Of course, this reinstatement is discretionary, but the USCIS has granted

a number of these requests and this recent law makes the process much easier."

correct me if i'm wrong so this means that my Mom can petition my aunt which is her sister. because i believe she is also a sponsor who also applied and sign the I-186a

my aunt was only waiting for the interview date.

Met Danica at school 8/23/05

Married 3/08/08

I-130 5/14/08

I-130 received by V BUSTAMANTE 5/15/08

NOA1 Hard Copy 5/20/08

NOA2 by e-mail 12/16/08

NVC packet 12/30/08

Interview 06/22/09

<a href="http://www.TickerFactory.com/">

<img border="0" src="http://tickers.TickerFactory.com/ezt/d/4;10747;405/st/20090622/e/Interview/k/6c80/event.png"></a>

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted
i found this on the internet

"In March, 2002, President Bush signed the Family Sponsor Immigration Act. This law specifically addresses the

problem caused by the death of the petitioner. It permits another close relative such as a parent, spouse, brother or sister, to sign the requisite affidavit

of support in the place of the deceased petitioner, freeing up the USCIS to reinstate petitions voided by the death of the petitioner. The USCIS can now reinstate a

petition when the petitioner has died if there is a close relative to sign the affidavit of support.. Of course, this reinstatement is discretionary, but the USCIS has granted

a number of these requests and this recent law makes the process much easier."

correct me if i'm wrong so this means that my Mom can petition my aunt which is her sister. because i believe she is also a sponsor who also applied and sign the I-186a

my aunt was only waiting for the interview date.

im sorry that u miss-understood

as of the laws we know please read the following :

but what we r saying that by the death of the petitioner ..the petition die ...

that DOESNT mean she cant be there ..if there is someone else who can petition her like a family member ..so the law allow this ..but she will fall under a new category , earlier it was her son who applied for her , and this is an immediate relative category ...but to petition for a sister or brother it lay under two other categor (if they r younger than 21 and not married ..this is a category ..or over 21 or married ..these are also diff category )

so YES her sister can petiton for her under a new category as i explained above , and u have to know tht this category of sister and brother who are marrid take YEARS ...cz she wait in line till its her turn ..as the visas for such types and categories are limited to a specific number ..last thing i saw since two days for such category tht they process 2002 petitions ...

u can read more about such categories at depratment of state website for the last Visa news and the process and how its managed

AS OF YOUR WORDS so the best is to consult a clever immigration lawyer MAY be there is away out or she wll wait for years as i cleared above

again im sorry for the death of the son ..it tear my heart ...

and my best wishes and luck for you all

YA ALAH Bless Our Joureny To The End , Ameen

Je T'aime Till My Dying Day

 
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