USC petitioner died in 2006, NVC sent choice of agent

[SHERABI 0]

Hi I am an immigrant right now through my husband, now my USC veteran grandfather filed a family base petition third preference in 1993. Unfortunately my grandpa died in 2006, recently my mom together with his siblings received letters from NVC regarding the choice of agent and some others for completions of documents prior to interview. I thought the petition dies with the petitioner, I am now eligible to apply for USC I would like to know if I can be the sponsor for my grandfathers original petition or should I start a new application for my family?

Thanks in advance.

[YuAndDan 153]

Nope, In the case of any petition the petitioner must be primary sponsor. USCIS and NVC simply did not know of the petitioner's death.

You can start over and file a petition for your mother after you become a US Citizen, the petition for your mother would process through fairly quickly, however you cannot file petitions for aunts or uncles.

[SHERABI 0]

Will the petition qualify for reinstatement under Family Sponsor Immigration Act (P.L. 107-150) where I can be a substitute sponsor?

[YuAndDan 153]

Will the petition qualify for reinstatement under Family Sponsor Immigration Act (P.L. 107-150) where I can be a substitute sponsor?

This is where you may need an attorney, May have to convince the Attorney General to not revoke.

The Attorney General has determined that the petition should not be revoked for humanitarian reasons.

http://travel.state.gov/visa/laws/telegrams/telegrams_1396.html

Typically this has to do with a petition filed for a spouse now widow(er), if petitioning spouse dies.

[SHERABI 0]

Thanks so much for the info.

[JimVaPhuong 4,863]

YuAndDan were probably not aware of the details of the Family Sponsor Immigration Act of 2002.

There are two requirements. First, the beneficiary must make an appeal for humanitarian reinstatement. Second, a substitute sponsor who is a qualifying relative must submit a sufficient affidavit of support. A substitute sponsor must be a US citizen, US national, or LPR residing in the US. A qualifying relative is a spouse, parent, mother-in-law, father-in-law, sibling, child (if over 18), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian.

If we're talking about your mother, then you qualify as a substitute sponsor, providing you can submit a sufficient affidavit of support. This means your income must be enough for yourself, any dependents you have, anyone else you've sponsored, plus the beneficiary and ALL derivatives, including the beneficiary's spouse and children.

That's the easy part. The hard part is getting the humanitarian reinstatement. Your mom is going to have to show a VERY compelling humanitarian reason why the petition should not be revoked. This tends to be a lot easier when the beneficiary is a child or is otherwise dependent on family members in the US, and substantially harder when the beneficiary is an adult with a family of their own.

Unless you're willing to do a serious amount of research into this subject, I suggest you consult with a good immigration attorney. Humanitarian reinstatement is not a slam dunk process. If it's denied there will be no appeal. You have only one chance to get this right.

[SHERABI 0]

YuAndDan were probably not aware of the details of the Family Sponsor Immigration Act of 2002.

There are two requirements. First, the beneficiary must make an appeal for humanitarian reinstatement. Second, a substitute sponsor who is a qualifying relative must submit a sufficient affidavit of support. A substitute sponsor must be a US citizen, US national, or LPR residing in the US. A qualifying relative is a spouse, parent, mother-in-law, father-in-law, sibling, child (if over 18), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian.

If we're talking about your mother, then you qualify as a substitute sponsor, providing you can submit a sufficient affidavit of support. This means your income must be enough for yourself, any dependents you have, anyone else you've sponsored, plus the beneficiary and ALL derivatives, including the beneficiary's spouse and children.

That's the easy part. The hard part is getting the humanitarian reinstatement. Your mom is going to have to show a VERY compelling humanitarian reason why the petition should not be revoked. This tends to be a lot easier when the beneficiary is a child or is otherwise dependent on family members in the US, and substantially harder when the beneficiary is an adult with a family of their own.

Unless you're willing to do a serious amount of research into this subject, I suggest you consult with a good immigration attorney. Humanitarian reinstatement is not a slam dunk process. If it's denied there will be no appeal. You have only one chance to get this right.

Thanks. I think it is better to seek an immigration lawyer for this, don't want to risk our chance of having my family here since I am really not familiar with the process. Thanks for the help.