VERY URGENT - PLS HELP

[NigeriaorBust 4,087]

They are in a strange spot, They have the visas but no green card so they are not yet PR's I would suspect a consult with someone that could really answer. Marc Ellis or the like. It would be painfully expensive to pack up and get turned away. The I 864 mentions that a substitute sponsor is available if the original dies between the approval of the I 130 and becoming a PR. Right now they have a visa not a green card which I think means they need a new sponsor.

[marriedtomrg 141]

You have a visa, which means your petition was approved...the Embassy would not have issued you a visa without an approved petition.

Hi

Thanks everyone for your replies..

I am confused as i have got different answers from diff persons.

Let me make clear again.

We got our visa stamped already. We have been interviewed by us embassy last month and got our visa stamped.

Unfortunately, our petitioner passed away before we go to usa.

Petition was approved before six months, we got interviewed and got visa stamped. Hence i was confused. As i read the law and it states that if "Petition" is approved and petitioner passes away then we can reinstate on humanatirian grounds. But what if "VISA" is already been issued ??

I guess if we have "visa" we are still eligibile to enter usa ? i am still confused as law doesn't mention any consequences if someone has already got the visa and then petitioner passes away.

Thank You everyone...Appreciate it

P.S = we cancelled our tickets just to make sure...

[sachinky 465]

You could always call the Embassy and ask for clarification. Or consult with a lawyer.

Methinks it could go both ways. You have the visa and now you can enter the US -- I doubt POE will question if the petitioner is still alive or not. You will then receive your 10 year GC in the mail.

On the other, you were given the visa so that you could be reunited with your father. If he's no longer alive, then, really, the basis for reunification (or green-card) is no longer present.

It is an odd situation and I'm sorry for your loss. My deepest condolences.

Edited November 28, 2010 by sachinky

[michaillah07 2]

I still think they are referencing after the petition is approved and the priority date/interview and visa issuance. I think the "attorney" in the link did not read the question correctly. An approved petition is just a place in line leading to the visa issuance.

You already have a visa. I have a friend with same situation and they entered the U.S. one week after the petioner died. When they arrived here in the U.S., they contacted USCIS who advised them to provide affidavits from secondary sponsors. The reinstatement that was being talked to refers to an approved petition that is waiting for visa priority date. In your case, you have passed that stage and already have your visa. For your own peace of mind, call USCIS. Don't hire a lawyer who will suck money from you and will only tell you to reschedule your ticket and enter the U.S.

[newbieca 0]

Thank You

That post was done by me only..

We have already cancelled our tickets...just waiting to get any update

meanwhile if you can give any suggestions, advise or any inputs ...everything will be appreciated.

Still very confused :