Help pls ! LPR applied for unmarried son

[Laur1111 0]

Hello all,

I have a question,my father applied for me as an LPR for unmarried son,in 1997, meanwhile i got married and 2 sons.

They approved me in 2006,but i've told them that my status changed. Also my father died. I am confused, although I was expecting that my apllication to be revoked, they keep telling me to send them copies after marriage certificate and children birth certificate...They sent back to USCIS the application and when I check online the status they say - post decision activity- quote On January 17, 1997, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283

WHat does that means ??? Why they dont say application revoked or so?

Thanks

PS - I have other application from my sister, as a brother of US citizen, but i will post that question on the other subforum

[NArocks 13]

If you father passed away your petiton from him is no longer valid. When did your brother apply for you?

What country are you from?

[Laur1111 0]

Im from Romania, Europe. My sister applied in 2000. I hope that next year they will approve that petition. And thanx for the quick answer!!!

[Laur1111 0]

Forgot to ask,in that case they can find that he is dead?

[NArocks 13]

YES as he would be the one to provide the affidavit of support. Better to jsut wait for you your sisters petition. about a year left.

[Laur1111 0]

Ah ok, thank you.

[Laur1111 0]

Hi again,

As I was reading lately on the forums, I think I saw that even if my dad died, it's possible to have an AoS from another person, in my case my sis, as a co or joint sponsor... That is correct? Or should I just forget about it?

It's very very hard to wait for another year....

[aaron2020 11,651]

Hi again,

As I was reading lately on the forums, I think I saw that even if my dad died, it's possible to have an AoS from another person, in my case my sis, as a co or joint sponsor... That is correct? Or should I just forget about it?

It's very very hard to wait for another year....

You can get a substitute petitioner in hardship cases. Hardship cases are rare and usually includes a minor beneficiary and childcare is an issue. Your case is unlikely to qualify since you are an adult with your own family. Waiting a year longer for your sister's petition to become current is the best way for you to go.

[john_and_marlene 162]

http://shusterman.com/nov09.html#2

If you father passed away your petiton from him is no longer valid. When did your brother apply for you?

What country are you from?

No longer true as of Oct 28, 2009

[aaron2020 11,651]

http://shusterman.com/nov09.html#2

If you father passed away your petiton from him is no longer valid. When did your brother apply for you?

What country are you from?

No longer true as of Oct 28, 2009

Thank you for posting the link to Shusterman. However, since the OP is Laur is abroad (see Example 2 in the Shusterman link), the petition filed by his father is still revoked under the new law. Furthermore, we don't know if the law is retroactive and applies to cases where the petition is already revoked under the prior law. I would presume that the law only helps people going forward. It may not help those with petitions already revoked under the old law.

[aaron2020 11,651]

http://shusterman.com/nov09.html#2

If you father passed away your petiton from him is no longer valid. When did your brother apply for you?

What country are you from?

No longer true as of Oct 28, 2009

Thank you for posting the link to Shusterman. However, since the OP is Laur is abroad (see Example 2 in the Shusterman link), the petition filed by his father is still revoked under the new law. Furthermore, we don't know if the law is retroactive and applies to cases where the petition is already revoked under the prior law. I would presume that the law only helps people going forward. It may not help those with petitions already revoked under the old law.

It seems that one of the central requirement is that the "survivor" must reside in the US at time of death of the petitioner. The law appears to help those that are already here from being deported. It does not seems to help those beneficiaries that are living outside the US.

[john_and_marlene 162]

http://shusterman.com/nov09.html#2

If you father passed away your petiton from him is no longer valid. When did your brother apply for you?

What country are you from?

No longer true as of Oct 28, 2009

Thank you for posting the link to Shusterman. However, since the OP is Laur is abroad (see Example 2 in the Shusterman link), the petition filed by his father is still revoked under the new law. Furthermore, we don't know if the law is retroactive and applies to cases where the petition is already revoked under the prior law. I would presume that the law only helps people going forward. It may not help those with petitions already revoked under the old law.

It seems that one of the central requirement is that the "survivor" must reside in the US at time of death of the petitioner. The law appears to help those that are already here from being deported. It does not seems to help those beneficiaries that are living outside the US.

I don't see where you get the requirement that they must reside in the U.S. Although the examples show cases where that is true, the instructions say:

If you are physically present in the U.S., file an I-360 self-petition together with an I-485 application for adjustment of status.

If you reside abroad, file an I-360 self-petition and follow the normal immigrant visa procedures.

[aaron2020 11,651]

http://shusterman.com/nov09.html#2

If you father passed away your petiton from him is no longer valid. When did your brother apply for you?

What country are you from?

No longer true as of Oct 28, 2009

Thank you for posting the link to Shusterman. However, since the OP is Laur is abroad (see Example 2 in the Shusterman link), the petition filed by his father is still revoked under the new law. Furthermore, we don't know if the law is retroactive and applies to cases where the petition is already revoked under the prior law. I would presume that the law only helps people going forward. It may not help those with petitions already revoked under the old law.

It seems that one of the central requirement is that the "survivor" must reside in the US at time of death of the petitioner. The law appears to help those that are already here from being deported. It does not seems to help those beneficiaries that are living outside the US.

I don't see where you get the requirement that they must reside in the U.S. Although the examples show cases where that is true, the instructions say:

If you are physically present in the U.S., file an I-360 self-petition together with an I-485 application for adjustment of status.

If you reside abroad, file an I-360 self-petition and follow the normal immigrant visa procedures.

I should have been clearer. The requirements for surviving spouses are different from other surviving family members. What Shusterman has posted is his interpretation of the law. From his own examples, it appears that for surviving family members (other than a spouse), it seems that being a US resident at the time of the petitioner's death is a requirement to keep the petition alive.

The I-360 is for Amerasians, Widows or Widowers, and Special Immigrants. It covers the spouse but not other survivors.

---------------------

Shusterman

* EXAMPLE #1 - Family-Based Petition, Adjustment of Status

Ms. Santos was born in the Philippines. Her sister, a citizen of the U.S., petitioned for her over 20 years ago. At that time, her children were four, two and one year of age. Ms. Santos and her husband work as in the U.S. and live together with their children. By the time their priority date became current, her children were 24, 22 and 21. The INS took two years to approve the visa petition. Since the length of time that the visa petition was pending can be subtracted from the age of the children under the Child Status Protection Act, the "immigration ages" of the children are 22, 20 and 19. Therefore, the youngest two are still considered to be children for purposes of adjustment of status while the older child must wait for a final resolution of the proper interpretation of CSPA's "automatic conversion" clause. (See Topic #4 below.)

Ms. Santos, her husband and their two youngest children all applied for adjustment of status under section 245(i). However, shortly before their interview took place, her U.S. citizen sister died. Under prior law, Ms. Santos' only remedy would have been to apply for "humanitarian" reinstatement of her petition from the USCIS, a very "iffy" proposition. Under the new law, she and her family (except possibly her oldest child) would be protected as "survivors" and would be allowed to continue with their applications for adjustment of status despite the death of her sister.

Assuming that Ms. Santos and her family members are otherwise eligible for adjustment of status, the only way their applications can be denied is if the USCIS denies the visa petition by determining that its approval "is not in the public interest".

Also, since Ms. Santos' sister has died, another sponsor for an affidavit of support is needed.

* EXAMPLE #2 - Same Scenario as Above, but Ms. Santos and her Family are Abroad

If Ms. Santos and her family are abroad on the day that her sister dies, the petition will be revoked by the USCIS. The family's only recourse is to request a reinstatement of the visa petition on "humanitarian" grounds.

* EXAMPLE #3 - Adjustment of Status, but Ms. Santos, not her Sister, Dies

If Ms. Santos dies before she and her family are able to adjust status, the new law provides that the petition remains approved unless the USCIS determines that this "is not in the public interest". Her husband and the youngest two children can adjust their status to permanent residents. This represents a clear departure from previous laws which would have resulted in the denial of adjustment of status applications for her husband and children, and placing them in removal proceedings.

Is there any remedy for the family under this scenario if Ms. Santos' family had remained abroad? Unfortunately, the answer to this question is "no".

------------------------

http://www.examiner.com/x-20282-Orange-Cou...ty-finally-ends

2. Other survivors

The new law added a new section, Section 204(l) to the INA. This new section allows the following aliens to have their petitions or green card applications to be adjudicated notwithstanding the death of the qualifying relative, provided that the following conditions are met:

a) The petition must have been filed prior to the death of the qualifying relative

B) The beneficiary or derivative beneficiary resided in the U.S. at the time of the death of the qualifying relative

c) The beneficiary or derivative beneficiary continues to reside in the U.S.

Who belongs to this group of “other survivors”?

• Immediate relatives (spouse, parent, minor child of a U.S. citizen)

• Family preference relatives (unmarried son or daughter of a U.S. citizen, married son or daughter of a U.S. citizen, spouse or child of a permanent resident, brother or sister of a U.S. citizen

• Employment-based dependents (also called derivative beneficiaries)

• Beneficiaries of refugee/asylee relative petitions

• Nonimmigrants in “T” (victims of trafficking) or “U” (victims of crime) status

• Asylees

Edited November 2, 2009 by aaron2020

[aaron2020 11,651]

http://shusterman.com/nov09.html#2

If you father passed away your petiton from him is no longer valid. When did your brother apply for you?

What country are you from?

No longer true as of Oct 28, 2009

Thank you for posting the link to Shusterman. However, since the OP is Laur is abroad (see Example 2 in the Shusterman link), the petition filed by his father is still revoked under the new law. Furthermore, we don't know if the law is retroactive and applies to cases where the petition is already revoked under the prior law. I would presume that the law only helps people going forward. It may not help those with petitions already revoked under the old law.

It seems that one of the central requirement is that the "survivor" must reside in the US at time of death of the petitioner. The law appears to help those that are already here from being deported. It does not seems to help those beneficiaries that are living outside the US.

I don't see where you get the requirement that they must reside in the U.S. Although the examples show cases where that is true, the instructions say:

If you are physically present in the U.S., file an I-360 self-petition together with an I-485 application for adjustment of status.

If you reside abroad, file an I-360 self-petition and follow the normal immigrant visa procedures.

Being physically present in the US is not the same as residing in the US. A visitor can be physically present in the US but not be a resident.

-------------------------

http://www.examiner.com/x-20282-Orange-Cou...ty-finally-ends

"Widow penalty" finally ends

October 31, 9:01 PMOrange County Immigration ExaminerHilda Surtida

On Wednesday, October 28, 2009, President Obama signed into law H.R. 2892, the “Department of Homeland Security Appropriations Act, 2010” which provides FY 2010 appropriations for the Department of Homeland Security. Title V, Section 568 of Public Law Number 111-83 contains three very important immigration-related provisions:

• Subsection (a) extended the Special Immigrant Nonminister Religious Worker Program and other immigration programs from September 30, 2009 until September 30, 2012.

• Subsection (B) also extended the Conrad State 30 J-1 Visa Waiver Program from September 30, 2009 until September 30, 2012'.

• Subsection (c ) ended the “widow penalty”

What is the widow penalty? Prior to the enactment of Public Law 111-83, surviving spouses fell into 2 categories –

1. Those whose U.S. citizen spouses died after their marriage had existed for at least 2 years – these surviving spouses were eligible to self-petition to become lawful permanent residents of the U.S.

2. Those whose U.S. citizen spouses died before the marriage has existed for at least 2 years – these surviving spouses were subject to the “widow penalty”. They faced automatic denial and threat of deportation from the U.S. Even the USCIS acknowledged that “no avenue of immigration relief exists for the surviving spouse of a deceased U.S. citizen if the surviving spouse and the U.S. citizen were married less than 2 years at the time of the citizen’s death” [see USCIS Director Neufeld’s 9/4/2009 Memorandum entitled “Guidance Regarding Surviving Spouses of Deceased U.S. Citizens and their Children].

October 28, 2009 was a historic day for victims of the widow penalty. The “Surviving Spouses Against Deportation” (SSAD), a non-profit organization which was formed to end the widow penalty, jubilantly declared on its website – www.ssad.org – “We ended the widow penalty”. SSAD’s website contains a chronological history about the fight to end the widow penalty, which began with the case of Carla Arabella Freeman in 2004. When USCIS denied her green card application on May 17, 2004, she started the long fight to be allowed to stay in the U.S. More lawsuits were filed by other victims of the widow penalty.

While their cases slowly wound through the court system, these victims of the widow penalty also sought assistance from Congress. They were fortunate to find support from Congressman Jim McGovern (D-MA) and Senators Bill Nelson (D-FL), Orrin Hatch (R-UT), and Robert Menendez (D-NJ) who spearheaded the immigration amendments to H.R. 2892.

Who benefits from Section 568© of Public Law 111-83?

1. Widow(ers) of U.S. citizens and their children

The 2-year marriage requirement has finally been removed from Section 201(B)(2)A)(i) of the Immigration Nationality Act (“INA”). Thus, the surviving spouse – and his/her children – may now self-petition by filing a Form I-360 with USCIS. If the applicant is in the U.S., he/she may also concurrently apply to adjust to permanent resident status by filing a Form I-485 with USCIS. For applicants who are outside the U.S., he/she can apply for an immigrant visa following the approval of the I-360 petition.

2. Other survivors

The new law added a new section, Section 204(l) to the INA. This new section allows the following aliens to have their petitions or green card applications to be adjudicated notwithstanding the death of the qualifying relative, provided that the following conditions are met:

a) The petition must have been filed prior to the death of the qualifying relative

B) The beneficiary or derivative beneficiary resided in the U.S. at the time of the death of the qualifying relative

c) The beneficiary or derivative beneficiary continues to reside in the U.S.

Who belongs to this group of “other survivors”?

• Immediate relatives (spouse, parent, minor child of a U.S. citizen)

• Family preference relatives (unmarried son or daughter of a U.S. citizen, married son or daughter of a U.S. citizen, spouse or child of a permanent resident, brother or sister of a U.S. citizen

• Employment-based dependents (also called derivative beneficiaries)

• Beneficiaries of refugee/asylee relative petitions

• Nonimmigrants in “T” (victims of trafficking) or “U” (victims of crime) status

• Asylees

SSAD’s pro bono counsel Attorney Brent Renison has posted a Frequently Asked Questions (FAQ) on their website – see http://www.ssad.org/images/Legislation_Passed_FAQ.pdf.

The new law provides benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents. However, as always, the law is very complex. We must wait for USCIS and the Department of State to issue regulations to implement this law. Like any other immigration matter, this could take years before we see any regulations from these government agencies.

Edited November 2, 2009 by aaron2020

[Laur1111 0]

Thank you guys, I didnt know about that new law, however ,first, I think that the petition is still valid, not revoked, as it appears on USCIS site , but also I dont know if this law is retroactive, i dont think so...But still, i think that my petition is still going, they never told me that was revoked, plus after i received the choice of agent letter and I've updated my status from unmarried son of LPR to married with children, they asked me to send to them all the certificates of wife and and all, so they can operate also wife and children....

Too bad for me that my siblings dont have "time and nerve" to support me....

And Aaron mate, yes , its very hard to wait 1 more year, since I've been waiting from 1996.....

14 YEARS !!!!!! Next year I'll be 43 yrs, half of my life gone (2/3 maybe) and will be hard also. I'm thinking now at my kids, for me its almost useless....