humanitarian reinstatement (death of the petitioner)

[criss 0]

hello everyone.

my dad was petitioned by my late grandmother 17 yrs ago, 16 years later, my grandmother died, (last year) we have received a letter from the NVC that our case is now approved for further processing., i have learned that we can appeal for our case as long as we will a a family member who will be our substitute sponsor. my questions are:

should we hire a lawyer for this?

should the substitute sponsor write to uscis/nvc or my dad?

how long does it take for a the letter to be reinstated?

any of you had this experience?

much appreciated.

[criss 0]

any one pls?

[PhiLandShiR 18]

I think your best bet would be to hire a GOOD lawyer.

This problem sounds much too tricky for the general public to have an answer for.

Good Luck.

Please post how this turns out.

-Phil

[Pinay Wife 47]

my dad was petitioned by my late grandmother 17 yrs ago, 16 years later, my grandmother died, (last year) we have received a letter from the NVC that our case is now approved for further processing., i have learned that we can appeal for our case as long as we will a a family member who will be our substitute sponsor. my questions are:

Was the petition approved before or after your grandmother's death?

http://www.uscis.gov...L107_150Pub.pdf

Section 213A(f)(5)(B)(i) specifically states that the visa petition must be approved prior to the death of the petitioner in order for the beneficiary to be eligible for permanent residence. The INS has no authority to approve a visa petition following the petitioner's death. Dodig v.

INS, 9 F.3d 1418 (9th Cir. 1993)

[~Johnny~ 27]

hello everyone.

my dad was petitioned by my late grandmother 17 yrs ago, 16 years later, my grandmother died, (last year) we have received a letter from the NVC that our case is now approved for further processing., i have learned that we can appeal for our case as long as we will a a family member who will be our substitute sponsor. my questions are:

should we hire a lawyer for this?

should the substitute sponsor write to uscis/nvc or my dad?

how long does it take for a the letter to be reinstated?

any of you had this experience?

much appreciated.

Wow!! It took 17 years for the NVC to make a decision? And some people complain about a few weeks...

Seriously, your best bet is to see a lawyer on this one.....and I'm usually the last person to recommend the "L" word, but in your case it's probably the best bet. You need legal on this one...Good luck and God Bless!!

[ScottThuy 140]

Wow!! It took 17 years for the NVC to make a decision? And some people complain about a few weeks...

Seriously, your best bet is to see a lawyer on this one.....and I'm usually the last person to recommend the "L" word, but in your case it's probably the best bet. You need legal on this one...Good luck and God Bless!!

Different type of visa Johnny... bringing relatives can take forever...

[Minya's wife 24]

It sounds like the petition was approved a while back...it's just that given the category the beneficiary falls in, its taken this long for a visa # to become available for the person in question, and the country of origin.

Edited April 2, 2010 by Minya's wife

[TOM&Riz 4]

hello everyone.

my dad was petitioned by my late grandmother 17 yrs ago, 16 years later, my grandmother died, (last year) we have received a letter from the NVC that our case is now approved for further processing., i have learned that we can appeal for our case as long as we will a a family member who will be our substitute sponsor. my questions are:

should we hire a lawyer for this?

should the substitute sponsor write to uscis/nvc or my dad?

how long does it take for a the letter to be reinstated?

any of you had this experience?

much appreciated.

OK Criss I will copy this here too as you have so many posts that have the exact same question

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