From Philippines here.. help please

[koicua 0]

hi everyone..i was the one registered as the third party agent in my family's VISA. We received the IV invoice and we decided to pay. however we can not pay online because nothing happens if we click the "pay fees " button. We asked our bank(METROBANK) if they can provide us a cashiers check or money order. but sadly they can not give us both. only demand draft. they can not give a dollar amount in cashiers check. there petitioner is my grandfather and hes dead.

my question is how do i pay the IV fee? were from philippines and lastly we did not recieved any AOS bill(is it normal in our case since our petitioner is dead already?) ENLIGHTEN ME AND MY FAMILY PLEASE....we badly need all your knowledge on this matter. thank you!

[Markieboy 104]

hi everyone..i was the one registered as the third party agent in my family's VISA. We received the IV invoice and we decided to pay. however we can not pay online because nothing happens if we click the "pay fees " button. We asked our bank(METROBANK) if they can provide us a cashiers check or money order. but sadly they can not give us both. only demand draft. they can not give a dollar amount in cashiers check. there petitioner is my grandfather and hes dead.

my question is how do i pay the IV fee? were from philippines and lastly we did not recieved any AOS bill(is it normal in our case since our petitioner is dead already?) ENLIGHTEN ME AND MY FAMILY PLEASE....we badly need all your knowledge on this matter. thank you!

According to National Visa Center, payment must be made in U.S. dollars drawn on a U.S. bank. Do you have family or friends, living in the States, who can use their bank account?

Hope this helps some. Good luck and keep us posted!

[JimVaPhuong 4,863]

hi everyone..i was the one registered as the third party agent in my family's VISA. We received the IV invoice and we decided to pay. however we can not pay online because nothing happens if we click the "pay fees " button. We asked our bank(METROBANK) if they can provide us a cashiers check or money order. but sadly they can not give us both. only demand draft. they can not give a dollar amount in cashiers check. there petitioner is my grandfather and hes dead.

my question is how do i pay the IV fee? were from philippines and lastly we did not recieved any AOS bill(is it normal in our case since our petitioner is dead already?) ENLIGHTEN ME AND MY FAMILY PLEASE....we badly need all your knowledge on this matter. thank you!

The petition dies when the petitioner dies. Did you get a humanitarian reinstatement of the petition? Did you get a substitute sponsor to submit the affidavit of support?

[Jojo92122 1,924]

hi everyone..i was the one registered as the third party agent in my family's VISA. We received the IV invoice and we decided to pay. however we can not pay online because nothing happens if we click the "pay fees " button. We asked our bank(METROBANK) if they can provide us a cashiers check or money order. but sadly they can not give us both. only demand draft. they can not give a dollar amount in cashiers check. there petitioner is my grandfather and hes dead.

my question is how do i pay the IV fee? were from philippines and lastly we did not recieved any AOS bill(is it normal in our case since our petitioner is dead already?) ENLIGHTEN ME AND MY FAMILY PLEASE....we badly need all your knowledge on this matter. thank you!

Did anyone inform USCIS or the NVC that the petitioner died? USCIS and the NVC will not know that a petitioner has died unless informed by someone related to the case. If no one informed USCIS or the NVC about the petitioner's death, then the case is process as if the petitioner is alive. A case is automatically withdrawn (dead) when a petitioner dies. The case may be reinstated on humanitarian grounds.

DO NOT PAY THE FEES UNLESS THE CASE HAS BEEN REINSTATED ON HUMANITARIAN GROUNDS. If the case is not reinstated on humanitarian grounds and your family proceed by paying the fees and applying for visas, your family will lose money and time because you family cannot get visas without an reinstatement.

[koicua 0]

Guys my grandfather died almost 10 years ago and he is a US VETERANS. they probably know that he died. i heard the petition can be okay after some couple of years from the time the petitioner dies.. is this true?

I'll ask my aunt which is a US CITIZEN if she can let us use her bank account for the payment. I remain in awe how guys and gals here respond to some members problem. indeed this is a community.. thanks all..

[Jojo92122 1,924]

Guys my grandfather died almost 10 years ago and he is a US VETERANS. they probably know that he died. i heard the petition can be okay after some couple of years from the time the petitioner dies.. is this true? NO.

I'll ask my aunt which is a US CITIZEN if she can let us use her bank account for the payment. I remain in awe how guys and gals here respond to some members problem. indeed this is a community.. thanks all.. Without a humanitarian reinstatement, the case will be denied and the fees will be refunded. DO NOT PAY UNTIL YOU GET THE HUMANITARIAN REINSTATEMENT.

How would they know??? If no one in your family told them, then they will not know. A case dies (automatically revoked) when the petitioner dies. The fact that the case is proceeding is clear indication that they do not know your grandfather is dead.

You are wasting time and money by proceeding without a humanitarian reinstatement. More seriously, you are risking your opportunity to immigrate because you may not be able to get reinstatement later.

====================

From the US Embassy in Manila; http://manila.usembassy.gov/wwwh3219.html

Petitioner is deceased: When a petitioner dies, the visa petition filed for a family member is automatically revoked and returned to the U.S. Immigration and Naturalization Services (USCIS) office where it was filed. Beneficiaries may request the reinstatement of the petition for special humanitarian reasons through USCIS. Applicants may contact the USCIS office at U.S. Embassy Manila for more information about reinstatements for special humanitarian reasons of visa petitions. Attempts to conceal a petitioner's death will only jeopardize an application and may render applicants permanently ineligible to enter the United States. Note: If a petitioner has passed away and the USCIS reinstates the petition, a new I-864 Affidavit of Support will be required from a new sponsor.

Edited August 3, 2011 by Jojo92122

[Jojo92122 1,924]

Correction: Without a humanitarian reinstatement, the case will be denied and the fees will NOT be refunded. DO NOT PAY UNTIL YOU GET THE HUMANITARIAN REINSTATEMENT.

[koicua 0]

sir jojo my aunt told me that shes the new sponsor.. will this be okay?

do we need to inform NVC for our new sponsor or is it automatically given to my aunt?

[Jojo92122 1,924]

sir jojo my aunt told me that shes the new sponsor.. will this be okay? No, she cannot decide on her own to be the new sponsor.. You need a humanitarian reinstatement. She could be the new sponsor if the humanitarian reinstatement is granted.

do we need to inform NVC for our new sponsor or is it automatically given to my aunt? Nothing is automatic. You need to file a Humanitarian Reinstatement Application.

http://asianjournalusa.com/immigration-humanitarian-reinstatement-p10494-82.htm

Immigration: Humanitarian Reinstatement

Why, When and Where do you file Humanitarian Reinstatement Application?

Question: My U.S. Citizen Father petitioner died before my petition became current, why, when and where do I file a Humanitarian Reinstatement?

Answer: You can file the Humanitarian Reinstatement Application once you are notified by USCIS that it received the petition back from the NVC. You have to file it because your petition was revoked at the death of your father.

Automatic Revocation of Approved Petitions Call for Humanitarian Reinstatement Application.

The Code of Federal Regulations implementing the Immigration and Nationality Act states that approved petitions are automatically revoked if the petitioner dies, among others.

In 8 CFR Section 205.1(a)(3)(i)©(2)states that:

“TITLE 8--ALIENS AND NATIONALITY

CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

PART 205_REVOCATION OF APPROVAL OF PETITIONS--Table of Contents

Sec. 205.1 Automatic revocation.

(a) Reasons for automatic revocation. The approval of a petition or

self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:

(3) If any of the following circumstances occur before the beneficiary's or self-petitioner's journey to the United States commences or, if the beneficiary or self-petitioner is an applicant for adjustment of status to that of a permanent resident, before the decision on his or her adjustment application becomes final:

(i) Immediate relative and family-sponsored petitions, other than Amerasian petitions.

© Upon the death of the petitioner, unless:

(2) U.S. Citizenship and Immigration Services (USCIS) determines, as a matter of discretion exercised for humanitarian reasons in light of the facts of a particular case, that it is inappropriate to revoke the approval of the petition.”

The automatic revocation of an approved petition necessitates the filing of a Humanitarian Reinstatement in order for the beneficiary to become an immigrant in light of 8CFR 205.1(a)(3)(i)©(2).

How you can start the process?

You need to inform the National Visa Center (NVC) that your father petitioner has died. This is the first step so that the NVC will no longer continue to process your petition once it becomes current. You also don’t need to wait for your petition to become current before you inform NVC, because it will just cause further delay in processing your application for Humanitarian Reinstatement (HR).

If you decide to wait for your petition’s priority date to become current you might even have to pay the Affidavit of Support Fee and the Immigrant Fee Bill which are non-refundable and comply with the medical exam requirement and the police clearance requirement before being told at the embassy interview that the embassy cannot continue with the processing because the petition was automatically revoked at the death of the petitioner. That would be waste of time and money because that’s the only time the petition will be returned to the USCIS because the embassy, and the NVC does not have the power to grant HR, but only the USCIS office that originally approved the petition

Once the NVC learns of the death of your father it will then return the petition to the U.S. Citizenship and Immigration Services (USCIS) Office which originally approved the petition.

Timing is very important when filing the application.

The USCIS will send a notice to the address used by your father when he filed the petition in your behalf. So it’s always good to maintain good relations with your relative where your father used to live when he filed your petition. That relative might even be the one you would rely to execute the Affidavit of Support as Substitute Sponsor required in HR applications.

Once that notice was received, that’s the time to file your HR application. If you miss that chance the USCIS usually sends another notice, but not always, which could be a Notice of Intent to Revoke. That more than likely will be your last and final chance to apply for HR.

What forms to use and filing fee to pay?

Almost always if there is a form prescribed for an application the USCIS charges a fee. In Humanitarian Reinstatement Application there is no prescribed form and there was no filing fee. So you have to write your own application.

A prescribed form is very helpful because you just fill in the blank and it tells you where to file it. With the HR application you are on your own.

There are 7 factors that you need to satisfy in order for your HR application to be approved. It is the subject of another article which dwells on the substance of the HR application. This article dwells on the process.

Losing a relative is hard enough then you still have to deal with such application.

It is always better to consult an attorney should you or your friends or relatives happen to need to apply for Humanitarian Reinstatement. A lawyer may have an objective way at looking at your situation since you are or may still be emotionally devastated by the loss of your relative.

--------------------

http://us-immigration-info.com/humanitarian-reinstatement-of-i-130-petitions/

--------------------

http://www.abs-cbnnews.com/views-and-analysis/11/21/08/human-reinstatement-101

Humanitarian Reinstatement 101 -- Atty. Mike Templo

Waiting for a visa number to become available in family-based petitions can take several years. For example, waiting for a visa number for a fourth-preference category petition, which is a petition filed by a U.S. citizen for his or her sibling, can take as long as twenty-two years!

It is in this waiting period that problems regarding the petition arise.

One of these problems is of the human kind, and not of a technical nature, like say –a documentary deficiency, which can be corrected. This human element I am referring to is the death of the petitioner. To put it bluntly, when the petitioner dies, the petition dies along with him or her. By operation of law, the petition is automatically revoked.

However, there is an exception to this rule, which has been aptly termed – Humanitarian Reinstatement or HR. This exception only applies to I-130 petitions that were approved before the petitioner died.

There are two components to this HR application.

First, the applicant must send a written HR request for the reinstatement of the approved petition to the US Citizenship and Immigration Services (USCIS) office where the original petition was filed. In support of the request, the beneficiary must also explain why the disapproval of the request would lead to hardship. Hardship factors include the following:

(1) Separation from an established family unit;

(2) Hardship to a U.S. Citizen or lawful permanent resident if applicant is not allowed to immigrate;

(3) Applicant is elderly;

(4) Applicant is in poor health and does not have access to treatment;

(5) Applicant has been living in the U.S.;

(6) Applicant has not home to go;

(7) Applicant has strong family ties in the U.S.

Second, the applicant must be able to provide a substitute sponsor who meets the minimum income requirement as set forth in U.S. Poverty Guidelines and who will execute the Affidavit of Support. The substitute sponsor must be at least 18 years of age, and either a U.S. citizen or a legal permanent resident, and must be domiciled in the United States.

But not everyone can act as a substitute sponsor. To qualify as such, that person must be related to the beneficiary as a – Spouse, Parent, Mother-in-law, Father-in- law, Sibling, Child (if at least 18 years of age), Son, Daughter, Son- in-law, Daughter-in-law, Sister-in-law, Brother-in-law, Grandparent, Grandchild, or Legal guardian.

If you are a beneficiary of an immigrant petition that was approved prior to the death of the petitioner, your chances of becoming an immigrant could be revived. You must be able to explain why your petition should be reinstated with specificity and be able to support your assertions with documentary evidence.

Once you are able to come up with your written request, you must then come up with a substitute sponsor that will sign the Affidavit of Support. Before you submit your request, you must seek the assistance of a reputable lawyer in your area who will be able to guide you in putting together your request.

Edited August 3, 2011 by Jojo92122

[JimVaPhuong 4,863]

sir jojo my aunt told me that shes the new sponsor.. will this be okay?

do we need to inform NVC for our new sponsor or is it automatically given to my aunt?

You need to get the humanitarian reinstatement first. Humanitarian reinstatement is discretionary, and must be granted by USCIS - not the NVC. You need to notify NVC that the petitioner has died and that you wish to pursue humanitarian reinstatement and substitute sponsor, and request that they return the petition to the USCIS service center that originally approved the petition. They will request the humanitarian reinstatement appeal and evidence, as well as the affidavit of support from the substitute sponsor. If they approve it then it will go back to NVC to continue the process. This is an unusual situation, and there is unfortunately no VJ guide to explain it.

There is no way to sneak around this. Immigration law requires the petitioner to submit an affidavit of support. If your aunt tries to submit only her own affidavit of support then they'll send an RFE for an I-864 from the petitioner. Dead people can't sign an affidavit of support. Dead people can't submit copies of their most recent tax returns. The only way to resurrect this petition is by humanitarian reinstatement.

Was the petition approved before your grandfather died?

[koicua 0]

guys and gals how will i know that the petition is approved before my grandfather died? my lolo died on 1996.. priority date of our case was january 1995. we received the letter from NVC last year..asking for our agent..

[Deputy Purple 1,294]

The Priority Date is when the petition was received.

I would imagine NVC live operator can provide the approval date for your case.

[koicua 0]

thanx everyone.. i will try to call NVC tomorrow about our approval date.. thanks a lot.. really...

will post the progress guys and gals

[JimVaPhuong 4,863]

guys and gals how will i know that the petition is approved before my grandfather died? my lolo died on 1996.. priority date of our case was january 1995. we received the letter from NVC last year..asking for our agent..

Does someone in the US have the documents your grandfather received from USCIS? You're going to need to find out where those documents are because you're going to need them to complete the humanitarian reinstatement request. USCIS would have sent your grandfather an I-797C approval notice which would have the date that the petition was approved. You'll need a copy of this notice with the humanitarian reinstatement request. A brief list of what you should submit includes:

• A letter, signed by the primary beneficiary, describing why the approval of the petition should be reinstated for humanitarian reasons.
  
• A copy of the I-797C approval notice for the I-130 petition.
  
• A copy of the petitioner's death certificate.
  
• A copy of the beneficiary's birth certificate (and English translation, if necessary).
  
• A list of the beneficiary's family members who are currently in the US, their relationship to the beneficiary, their address, their phone number, their immigration status, and their A# (if LPR's or naturalized citizens). This is crucial information. Family reunification is the strongest factor in considering humanitarian reinstatement, so don't forget anyone when making this list.
  
• I-864 affidavit of support and supporting documents from the substitute sponsor (who must be a qualifying relative of the beneficiary).
  
• Evidence of the substitute sponsor's qualifying family relationship to the beneficiary.
  
• Evidence of the substitute sponsor's status as a US citizen or LPR, and domicile in the US.
  

If it turns out that your grandfather died before the petition was approved then you don't qualify for humanitarian reinstatement. There would be no way to reinstate the petition. For your sake, I hope the petition was approved before your grandfather died. It would be tragic if you waited all this time for nothing.

[red731 1]

once you received the choice of agent from NVC,thats the best time to inform them that the petitioner died...then nvc will asked you to provide them the death certificate of your petitioner,once they received the death certificate,they will return your petition to USCIS,then you can request for HR thru mail...you will receive a decision in 3-10 months...we requested for HR last august of 2010,and we received a favorable response...