Petitioner is deceased after file

[SimAsh 0]

Hello VJ members, hope all is going well for everyone...need some answers...I have a family member who was coming here on green card file but the petitioner died before his interview date. She just recently had interview and they asked her if her mom was live or deceased and she said LIVE. Even-though she was deceased in May 2010. She said she didn't understood the question and she was little bit nervous. (The file is for whole family mom, dad and son).

***August 2001 Priority Date

***Dec 2009 file was opened

***Feb 2010 (NVC/USCIS requested some original documents)

***Aug 2010 documents sent (Documents were sent late because petitioner overlooked the letter from NVC)

***May 2010 petitioner was deceased

***OCT 2010 NVC case completed

***AUG 2011 Interview at embassy

The interviewer asked them to mail picture of her mother/petitioner reading newspaper or something. Her tax return for last couple year 2009 & 2010. She was getting social security from government and had not filed tax return (I thought you still have to file tax return even if you are getting tax return) and one other thing but that's just for not enough affidavit of support and I am sure that can be fixed from other family member's support from States.

Interviewer also asked them some other questions regarding their green card form on where to send it or something like that. They told them to just submit above documents at the closet VFS office and their passport and they will mail their visa.

So, there goes everything I know. My question is does the file gets CLOSED after the petitioner gets deceased? Does this mean petitioner's (mother) daughter and her family can not migrate here?

Any advice or suggestion would be appreciated....Thanks

[Penguin_ie 5,993]

When the petitioner dies, the petition dies (unless specific cases when the petitioner is the spouse). Family visas are given for family re-unification, and the greencard holder is no longer alive.

[NigeriaorBust 4,087]

She was asked to bring a picture of the mother holding a current ( todays) newpaper ,how can she do this ? Without the evidence they ask for the visa will not be granted and they will now found out she lied about the mom ( they may already know she died from social security death records ) There is some exception for petitions approved and waiting a visa numner before the petitioner dies to have a substitue sponor but her lying may have cut that off.

[NHKx2 43]

they asked her if her mom was live or deceased and she said LIVE. Even-though she was deceased in May 2010. She said she didn't understood the question and she was little bit nervous.

You're saying she didn't understand the question "Is your mother dead or alive?" It's not a complicated question. She lied deliberately.

[Deputy Purple 1,294]

She has committed Misrepresentation, Material Misrepresentation actually which is punishable with a lifetime entry ban.

[milimelo 4,481]

OP - you do realize Social Security Administration (SSA) publishes the SSNs of deceased persons in readily accessible data base? I believe it highly likely for DOS to access the database and run their checks there as well.

[Deputy Purple 1,294]

I believe it highly likely for DOS to access the database and run their checks there as well.

I believe it highly likely that the CO already knew the petitioner was deceased when the question was asked. I mean it is a rather odd question for someone to ask isn't it?

[milimelo 4,481]

I believe it highly likely that the CO already knew the petitioner was deceased when the question was asked. I mean it is a rather odd question for someone to ask isn't it?

That's why I mentioned the database. Why else would they ask for a petitioner's picture with current newspapers?

[JimVaPhuong 4,863]

Hello VJ members, hope all is going well for everyone...need some answers...I have a family member who was coming here on green card file but the petitioner died before his interview date. She just recently had interview and they asked her if her mom was live or deceased and she said LIVE. Even-though she was deceased in May 2010. She said she didn't understood the question and she was little bit nervous. (The file is for whole family mom, dad and son).

***August 2001 Priority Date

***Dec 2009 file was opened

***Feb 2010 (NVC/USCIS requested some original documents)

***Aug 2010 documents sent (Documents were sent late because petitioner overlooked the letter from NVC)

***May 2010 petitioner was deceased

***OCT 2010 NVC case completed

***AUG 2011 Interview at embassy

The interviewer asked them to mail picture of her mother/petitioner reading newspaper or something. Her tax return for last couple year 2009 & 2010. She was getting social security from government and had not filed tax return (I thought you still have to file tax return even if you are getting tax return) and one other thing but that's just for not enough affidavit of support and I am sure that can be fixed from other family member's support from States.

Interviewer also asked them some other questions regarding their green card form on where to send it or something like that. They told them to just submit above documents at the closet VFS office and their passport and they will mail their visa.

So, there goes everything I know. My question is does the file gets CLOSED after the petitioner gets deceased? Does this mean petitioner's (mother) daughter and her family can not migrate here?

Any advice or suggestion would be appreciated....Thanks

Your timeline is non-sequential. How did the petitioner submit documents to NVC in August, 2010, when the petitioner died in May of the same year? Did somebody sign the petitioner's name on the I-864?

As Penguin stated, the petition dies when the petitioner dies. The consulate obviously already knows the petitioner is dead or they never would have asked that question. They only reason they're asking for evidence is for the rare chance that their records are wrong, and the person who died is someone else with the same name or similar SSN.

Whether the petitioner is alive or dead is definitely a material fact that would affect the approval of the visa. Lying about a material fact has severe consequences. Unless the consulate is willing to believe this was an honest mistake then she may be banned from the US for life.

There is a remote chance of resurrecting the petition and getting the visa, but she first needs to convince the consulate that she didn't intentionally lie about the fact that the petitioner was dead. She needs to admit to the consulate that the petitioner is dead, and request they return the petition to USCIS. When USCIS gets the petition then she can submit a request for humanitarian reinstatement, along with an affidavit of support from a qualifying relative who will serve as a substitute sponsor. Humanitarian reinstatement is a little complicated, and outside the realm of do-it-yourself for most people. A good immigration lawyer would be a wise investment.

[Jojo92122 1,924]

The death of the petitioner ends the case.

The case cannot be reopened if the I-130 was not approved before the petitioner's death.

It is possible to reopen a case if the I-130 was approved before the petitioner's death. A substitute sponsor can request humanitarian reinstatement.

-----------

Your family member is committing immigration fraud by withholding information that the petitioner has died. She has made a material misrepresentation which affects the outcome of the case. It doesn't matter if she misunderstood the question. She is aware of this error now and she has not corrected the information on her case.

BIG RISK IF SHE CONTINUES - lifetime ban from US, revocation of green cards, deportation from US, etc.

[SimAsh 0]

She was asked to bring a picture of the mother holding a current ( todays) newpaper ,how can she do this ? Without the evidence they ask for the visa will not be granted and they will now found out she lied about the mom ( they may already know she died from social security death records ) There is some exception for petitions approved and waiting a visa numner before the petitioner dies to have a substitue sponor but her lying may have cut that off.

Thanks, Nigeriaorbust. Yes, it is not possible to provide her picture readying newspaper because she/petitioner is not here to read the paper. However since this was honest mistake and she is admitting to it can they talk to someone like attorney and explain in professional manner? Are you saying they can still migrate considering there is some exception, what are the exceptions? Thanks again

[SimAsh 0]

You're saying she didn't understand the question "Is your mother dead or alive?" It's not a complicated question. She lied deliberately.

I was not there at the time of the interview and the visa process/interviewer does not make this easier for beneficiaries either. May be it's easy for you because you are in England. I am not here to decide if she LIED or not. If she did than she will not get visa and that should be the judgment.

[SimAsh 0]

OP - you do realize Social Security Administration (SSA) publishes the SSNs of deceased persons in readily accessible data base? I believe it highly likely for DOS to access the database and run their checks there as well.

Thanks, milimelo. Yes, the petitioner is dead but beneficiaries other relative member should have told her or should have educated little bit. But that is the problem that they were not on the same page. I am just trying to help them to get some answers. Thanks again

[SimAsh 0]

Your timeline is non-sequential. How did the petitioner submit documents to NVC in August, 2010, when the petitioner died in May of the same year? Did somebody sign the petitioner's name on the I-864?

As Penguin stated, the petition dies when the petitioner dies. The consulate obviously already knows the petitioner is dead or they never would have asked that question. They only reason they're asking for evidence is for the rare chance that their records are wrong, and the person who died is someone else with the same name or similar SSN.

Whether the petitioner is alive or dead is definitely a material fact that would affect the approval of the visa. Lying about a material fact has severe consequences. Unless the consulate is willing to believe this was an honest mistake then she may be banned from the US for life.

There is a remote chance of resurrecting the petition and getting the visa, but she first needs to convince the consulate that she didn't intentionally lie about the fact that the petitioner was dead. She needs to admit to the consulate that the petitioner is dead, and request they return the petition to USCIS. When USCIS gets the petition then she can submit a request for humanitarian reinstatement, along with an affidavit of support from a qualifying relative who will serve as a substitute sponsor. Humanitarian reinstatement is a little complicated, and outside the realm of do-it-yourself for most people. A good immigration lawyer would be a wise investment.

Hi JimVaPhuong thanks so much for taking time to share your knowledge with me. OK this is what beneficiary told me, NVC (or USCIS) sent request to petitioner's address in US requesting some original documents instead of copy that was submitted. Next, petitioner (actually care taker because petitioner at this stage was basically in bad health) either overlooked his mail or was under stress (and obviously we know in May Petitioner died) and did not sent the requested documents back to NVC till August 2010. So, I think that is the reason for time line being off.

So, like you mentioned I think my best bet would be to higher immigration lawyer for them and wish for the best.

Thanks again for your advice.