humanitarian reinstatement (death of the petitioner)

[criss 0]

hello there..

my father was petitioned by my late grandmother 17 years ago, under f3 category, my grandmom passed away last year and this year, feb, we received a letter from the nvc that our case is ready for processing,

can i ask any of you who were in the same boat? thanks

[TOM&Riz 4]

hello there..

my father was petitioned by my late grandmother 17 years ago, under f3 category, my grandmom passed away last year and this year, feb, we received a letter from the nvc that our case is ready for processing,

can i ask any of you who were in the same boat? thanks

not in that situation but i thought this would be interesting reading for you

9 FAM 40.41 N5.4 Sponsor When the Petitioner Has Died

(CT:VISA-1317; 09-24-2009)

a. The Family Sponsor Immigration Act of 2002 remedies the situation of an

alien whose petitioner has died by amending INA 212(a)(4)©(ii) and

INA 212A(f)(5) Public Law 107-150. The amended INA 213A ( F )(5)

creates a way in which a person other than the visa petitioner can

sponsor an alien.

Section 213A( f )(5)(B) now allows certain family

members to become “substitute sponsors” if a visa petitioner dies

following approval of the visa petition, but before the beneficiary obtains

his or her permanent residence. If the visa petition was approved prior to

the death of the petitioner, the Secretary of Homeland Security (DHS),

may, in its discretion, reinstate the petition for humanitarian reasons, (8

CFR 205.1(a)(i)©, and that the original sponsor’s petition should not be

revoked. (See 9 FAM 42.42 PN2.) The alternative sponsor must be the

spouse, parent, mother-in-law, father-in-law, sibling, child (at least 18

years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law,

brother-in-law, grandparent, or grandchild of the sponsored alien, or the

legal guardian of the sponsored alien. The alternative sponsor must meet

the other criteria outlined in 9 FAM 40.41 N5.2.

b. Eligibility of derivative applicants seeking to follow-to-join a principal

applicant who has already acquired lawful permanent resident (LPR)

status is dependent on the continuing LPR status of the principal, not on

the status of the petitioner. Therefore, if the petitioner dies after the

principal applicant has already become an LPR and one or more derivative

applicants seek to follow to join the principal applicant, the derivatives

retain eligibility to follow-to-join despite the death of the petitioner, and

there is no need for reinstatement of the petition. In such circumstances,

the derivative applicant seeking to follow-to-join is inadmissible unless an

alternative sponsor, as described in paragraph a above, executes a Form

I-864 with respect to the derivative applicant. The alternative sponsor

may not file a Form I-864-EZ.

* information quoted from: U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

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