Need help to bring parents to US

[SHERABI 0]

My grandfather had F3b petition with a priority date of 1993, however he died in 2006. My mom received the choice of agent last November, we responded to NVC with me being the choice of agent since I am already a legal permanent resident in USA. After learning that the petition dies with the petitioner and need to be reinstated on certain grounds, I think my best option to bring my family is to start a new petition for my parents since I became a citizen last month. Now my question is do I have to inform NVC first regarding my grand fathers death so the F3b petition will not conflict the new petition that I will be applying for my parents?

Thanks for all your help.

[Jojo92122 1,924]

My grandfather had F3b petition with a priority date of 1993, however he died in 2006. My mom received the choice of agent last November, we responded to NVC with me being the choice of agent since I am already a legal permanent resident in USA. After learning that the petition dies with the petitioner and need to be reinstated on certain grounds, I think my best option to bring my family is to start a new petition for my parents since I became a citizen last month. Now my question is do I have to inform NVC first regarding my grand fathers death so the F3b petition will not conflict the new petition that I will be applying for my parents?

Thanks for all your help.

If you start over with new petitions for your parents, only they will be eligible for immigration visas. These would be Immediate Relative cases and derivative beneficiaries are not allowed. Their unmarried children will not be able to immigrate with them.

The petition filed by your grandfather was automatically revoked when he died. There is no conflict if you file new petitions for your parents.

If your parents have minor children, the humanitarian reinstatement of your grandfather's petition may be their quickest way of immigrating to the US. It's this or wait for up to 10 years.

Do your parents have any unmarried children with CSPA age under 21 who wants to immigrate with them?

[SHERABI 0]

If you start over with new petitions for your parents, only they will be eligible for immigration visas. These would be Immediate Relative cases and derivative beneficiaries are not allowed. Their unmarried children will not be able to immigrate with them.

The petition filed by your grandfather was automatically revoked when he died. There is no conflict if you file new petitions for your parents.

If your parents have minor children, the humanitarian reinstatement of your grandfather's petition may be their quickest way of immigrating to the US. It's this or wait for up to 10 years.

Do your parents have any unmarried children with CSPA age under 21 who wants to immigrate with them?

thanks for the response. no my brothers are over 21

[JimVaPhuong 4,863]

thanks for the response. no my brothers are over 21

Humanitarian reinstatement can take a long time, and it's discretionary. The chances of it being approved for an adult beneficiary who has already made a life for themselves in their home country is not very good. It's difficult to make a compelling argument that the primary goal of family reunification would be served by reinstating the approval of the petition when the beneficiary has already married and started a family of their own. The IR5, on the other hand, is pretty much a slam dunk. There's very little discretion involved, and it would probably take less time to complete. I think it's wise to go with the IR5 instead.

NVC won't automatically know that your grandfather died. Send them a letter informing them of this. Include the NVC case number, and a copy of your grandfather's death certificate.