If petitioner for green card dies

[DaveJes 0]

Hi,

Firstly a bit about me - I am UK citizen, 27, unmarried son of a legal permanent resident.

My mother emigrated from the UK in Aug 08 with my step-father (American citizen) and filed an I130 on my behalf. In April 09 she was diagnosed with a brain tumour and colon cancer. I love my mother dearly and travelled to be at her bedside as soon as I could using the 90 day visa waiver. I returned to the UK to obtain a visitors (B1/B2) visa in August 2009, which was granted and is valid until Aug 2010 so I could be here to help and support in any way I can for the foreseeable future.

She is still receiving treatment for the cancer; however the doctors do not know what the outcome will be and how long she will live. She is concerned as am I that my petition would be revoked if she was to die as she knows it is my wish to live in the USA.

We recently received an e-mail from USCIS telling us that they have approved the I130 IMMIGRANT PETITION FOR RELATIVE so it looks like the petition is progressing ok at the moment.

I have read the President Obama recently passed a new Public Law; Number 111-83 that keeps the petition alive if the petitioner dies however I am unsure if this is 100% applicable to me and I am looking for guidance.

Also my step-father said he would continue to live in the USA if my mother dies and could take over as the petitioner. However he has never adopted me as he married my mother when I was 20 and we never thought about it. Thus I am unsure if he is eligible to do this if the Public Law Number 111-83 is not applicable to me.

I am wondering if someone here with more knowledge than me could clear this up for me?

Thanks for your help,

David

[aaron2020 11,651]

Hi,

Firstly a bit about me - I am UK citizen, 27, unmarried son of a legal permanent resident.

My mother emigrated from the UK in Aug 08 with my step-father (American citizen) and filed an I130 on my behalf. In April 09 she was diagnosed with a brain tumour and colon cancer. I love my mother dearly and travelled to be at her bedside as soon as I could using the 90 day visa waiver. I returned to the UK to obtain a visitors (B1/B2) visa in August 2009, which was granted and is valid until Aug 2010 so I could be here to help and support in any way I can for the foreseeable future.

She is still receiving treatment for the cancer; however the doctors do not know what the outcome will be and how long she will live. She is concerned as am I that my petition would be revoked if she was to die as she knows it is my wish to live in the USA.

We recently received an e-mail from USCIS telling us that they have approved the I130 IMMIGRANT PETITION FOR RELATIVE so it looks like the petition is progressing ok at the moment.

I have read the President Obama recently passed a new Public Law; Number 111-83 that keeps the petition alive if the petitioner dies however I am unsure if this is 100% applicable to me and I am looking for guidance.

Also my step-father said he would continue to live in the USA if my mother dies and could take over as the petitioner. However he has never adopted me as he married my mother when I was 20 and we never thought about it. Thus I am unsure if he is eligible to do this if the Public Law Number 111-83 is not applicable to me.

I am wondering if someone here with more knowledge than me could clear this up for me?

Thanks for your help,

David

If your mother dies before you get a visa, the petition for you will automatically be revoked. Public Law 111-83 only applies to widow(er) of a US citizen and their foreign minor children. You are neither.

Your stepfather cannot take over the petition in case of your mother's death because he is not your relative for immigration purposes because he married your mom after your 18th birthday. A hardship waiver is unlikely to be granted because you are an not dependent upon the US person. A minor may get a hardship waiver but not a 27 years old adult.

Your stepfather can never petition for you because you were over the age of 18 when he married your mom.

Sorry.

[Boiler 46,173]

Ditto

It is a long wait for a visa.

[DaveJes 0]

Hi aaron2020, thanks for your feedback.

Your stepfather can never petition for you because you were over the age of 18 when he married your mom.

I am wondering about this 'new' Immigration reform bill that states on page 325:

21 SEC. 312. EQUAL TREATMENT FOR ALL STEPCHILDREN.

22 Section 101(B)(1)(B) of the Immigration and Nation

23 ality Act (8 U.S.C. 1101(B)(1)(B)) is amended by striking

24 ‘‘, provided the child had not reached the age of eighteen

1 years at the time the marriage creating the status of step

2 child occurred’’.

You can find a link to bill at the bottom of http://ortiz.house.gov/index.php?option=co...&Itemid=118

That would be applicable to my situation however would my mum need to be alive when the bill passes or would they give people a 'grace' period.....man immigration is a deeep rabbit hole and a depressing topic for me.

[Boiler 46,173]

There are as many proposed immigration bills as there are climate initiatives.

Just look at Health Care, if anything does get passed the only thing that can be guaranteed is that it will not reflect any of the proposals.

[aaron2020 11,651]

Hi aaron2020, thanks for your feedback.

Your stepfather can never petition for you because you were over the age of 18 when he married your mom.

I am wondering about this 'new' Immigration reform bill that states on page 325:

21 SEC. 312. EQUAL TREATMENT FOR ALL STEPCHILDREN.

22 Section 101(B)(1)(B) of the Immigration and Nation

23 ality Act (8 U.S.C. 1101(B)(1)(B)) is amended by striking

24 ‘‘, provided the child had not reached the age of eighteen

1 years at the time the marriage creating the status of step

2 child occurred’’.

You can find a link to bill at the bottom of http://ortiz.house.gov/index.php?option=co...&Itemid=118

That would be applicable to my situation however would my mum need to be alive when the bill passes or would they give people a 'grace' period.....man immigration is a deeep rabbit hole and a depressing topic for me.

I am not going to look at this. Why? It's a proposal. There are tons of proposals. If a new law is passed, it may not look anything like this. I deal in facts. The law as it is today are grounded in facts. Proposals are mere political tools to curry favors with constituents and political backers. Most proposals by members of Congress are meaningless.

The chance of immigration reform is a big fat zero right now. The last time we hand any major immigration reform was in 1986. Why haven't we done anything since then? Because we can't agree as a country on what is needed. Furthermore, Americans are focused on healthcare, the economy, jobs (or lack of jobs), the war in Iraq, and the war in Afganistan. Immigration reform is not on the radar. Nothing is going to happen after 2010 as the next presidential election cycle will begin. No politician is going to advocate bringing in more immigrants when Americans can't fine jobs.

You need to plan your life as the law is today. You cannot pin your entire life on immigrating to the US. Live you life now.

Edited December 18, 2009 by aaron2020

[DaveJes 0]

I am not going to look at this. Why? It's a proposal. There are tons of proposals. If a new law is passed, it may not look anything like this. I deal in facts. The law as it is today are grounded in facts. Proposals are mere political tools to curry favors with constituents and political backers. Most proposals by members of Congress are meaningless.

The chance of immigration reform is a big fat zero right now. The last time we hand any major immigration reform was in 1986. Why haven't we done anything since then? Because we can't agree as a country on what is needed. Furthermore, Americans are focused on healthcare, the economy, jobs (or lack of jobs), the war in Iraq, and the war in Afganistan. Immigration reform is not on the radar. Nothing is going to happen after 2010 as the next presidential election cycle will begin. No politician is going to advocate bringing in more immigrants when Americans can't fine jobs.

You need to plan your life as the law is today. You cannot pin your entire life on immigrating to the US. Live you life now.

I understand your view, however I also like to look at the big picture and consider what could happen in the future. I believe that President Obama has been quoted saying that Immigration Reform is a top priority as soon as the health care bill has been passed thus it may only be a few months before things will start to happen.

I am not pinning my entire life on immigrating to the US, I am just trying to organise my future and plan ahead which I believe is the sensible thing to do. I would like to live in the USA, be around my step-father and his side of the family - build a new life here. With my current situation I cannot work or go back to University here so my 'entire' life is on hold and the only thing I can do is plan ahead. I am an educated man that believes he could make a real success of life in the USA so I am working towards that goal.

Regarding the lack of jobs and wars - the UK is in the exact same situation....oh and our immigration laws are a joke also, however they swing in the opposite direction and let in everyone; give them free housing, free medical, free benefits etc. This means our National Health System is under immense strain, lack of 'council' houses for native family's and single mothers...the list goes on. The EU also has a huge impact on the our polices...which a lot of British nationals resent...including me.

[Boiler 46,173]

Why can you not get a job?

Qualifications and work experience would be important in the US, especially assuming that a favourable bill was passed you have a 10 year wait.

[DaveJes 0]

Why can you not get a job?

Qualifications and work experience would be important in the US, especially assuming that a favourable bill was passed you have a 10 year wait.

Well the plan before my mum became ill was for me to do a Masters course at a USA University... I had already applied. However I only have a 3 year UK Degree in Computer Networking and you require a 4 year UK degree to be eligible to take a Masters state side. So I have applied to the UK Open University, which would allow me to advance my original degree to 4 year - honours. I should start that early next year if I am still here or not as it is done online. I still wish to attend a USA University in the future to acquire the Masters.

Regarding a job - my current qualifications and work experience puts me in the 3rd employment based category and the USCIS is currently processing applications dated in June 02 so I do not see the point. However if I had a Masters I would be eligible for the 2nd category and those visa's are current. I could work tomorrow if my visa permitted - already been told I have a job and it should be there if/when I have the legal right to work....but this really just adds to my frustration.

[Boiler 46,173]

I though a 3 year UK was equivalent to a 3 year USA

But why not just get your prospective employer to go for a H1?

[DaveJes 0]

I though a 3 year UK was equivalent to a 3 year USA

But why not just get your prospective employer to go for a H1?

I believe it is the same-ish however our education systems do not mesh well together. You have 2 minor years and 2 major years to make up a 4 year degree (I believe). Our system is usually the equivalent of 4 major years....if that makes sense. You do not have to take standard subjects like English, Maths, History etc in your first 2 years unless they are specifically relevant to your course. In order to be eligible to take a USA Masters you need a 4 year USA or 4 year UK degree; I was told this by the international co-ordinator of the local Uni here.

With only a 3 year degree and 2 years work experience in my field....I doubt I would be granted a work visa at present. However if I complete a Masters in the USA I am basically guaranteed a 1 year H1 and take it from there.

Incidentally the company that offered me the job is small and it would not be in their interest's to pursue a H1. It is a long and costly process; you have to go through the department of labour and 'prove' that there are no Americans available to do the job and in the end it can be refused on a number of levels...I believe I need a stronger case before I would attempt such a measure...linking back to the Masters.