Principal beneficiay died....please help.....

[ipav 0]

Hi Members,

Rdegards and thankyou for your kindness to help me. My situation is as follows

- My friend filed for his borther and his brother's family ( wife and 2 minor children) in F4 category in april 2003. His petition was approved and currently is in NVC pending visa number avaibility. BUT my friend's brother ( principal beneficiary ) died 4 months ago. Qustions are as follow

1. Can my firend's family ( wife and 2 minor children )can continue original petition somehow/ any way?

2. My friend's brother and his family are living in India for his whole life. Do they qualify for " Humanatarian reinstatemnt" ?

Any help from you is greately appriciated. Please Help me.....I Thankyou all in advance ..please

Thanks

ipav

[aaron2020 11,651]

Hi Members,

Rdegards and thankyou for your kindness to help me. My situation is as follows

- My friend filed for his borther and his brother's family ( wife and 2 minor children) in F4 category in april 2003. His petition was approved and currently is in NVC pending visa number avaibility. BUT my friend's brother ( principal beneficiary ) died 4 months ago. Qustions are as follow

1. Can my firend's family ( wife and 2 minor children )can continue original petition somehow/ any way? No. There is no way to continue the petition.

2. My friend's brother and his family are living in India for his whole life. Do they qualify for " Humanatarian reinstatemnt" ? No. Humanitarian Reinstatement is not available to them.

Any help from you is greately appriciated. Please Help me.....I Thankyou all in advance ..please

Thanks

ipav

Unfortunately, the petition ended when the principal beneficiary dies. There is no way for your friend's deceased brother's family to immigrate to the US.

Any fees that they send in will be wasted. The NVC and the US Embassy will not refund the fees.

http://hochiminh.usconsulate.gov/iv/faqs.html#3

3. What happens to the derivative beneficiary's case if the principal beneficiary dies?

If the principal beneficiary dies at any time before the derivative beneficiary immigrates to the United States, the consular officer will not be able to issue a visa to the derivative beneficiary. Humanitarian reinstatement does not apply in such a case, although humanitarian parole may be an option. Please see the U.S. Citizenship and Immigration Services’ website at http://www.uscis.gov for more information on humanitarian parole.

**Humanitarian Parole is not an option here. It's temporary and requires a compelling emergency.

[JimVaPhuong 4,863]

Unfortunately, the petition ended when the principal beneficiary dies. There is no way for your friend's deceased brother's family to immigrate to the US.

Any fees that they send in will be wasted. The NVC and the US Embassy will not refund the fees.

http://hochiminh.usconsulate.gov/iv/faqs.html#3

3. What happens to the derivative beneficiary's case if the principal beneficiary dies?

If the principal beneficiary dies at any time before the derivative beneficiary immigrates to the United States, the consular officer will not be able to issue a visa to the derivative beneficiary. Humanitarian reinstatement does not apply in such a case, although humanitarian parole may be an option. Please see the U.S. Citizenship and Immigration Services’ website at http://www.uscis.gov for more information on humanitarian parole.

**Humanitarian Parole is not an option here. It's temporary and requires a compelling emergency.

This is correct. Humanitarian reinstatement is only possible of the petitioner dies after the petition has been approved, and if there is a qualified relative who can serve as a substitute sponsor. Even then, humanitarian reinstatement is not often approved.

Derivatives cannot obtain ANY immigration benefit if the primary beneficiary does not obtain the same benefit at the same time or before. Since the primary beneficiary is deceased they cannot receive a visa. Therefore, the derivatives cannot receive a visa.

[ipav 0]

Hello,

Mr Aaron and Mr.Jimvaphuong,

How are you sir? Thankyou very much for the wonderful information you have given me. I will pass it along to my friend. Thnakyou sir for taking time to reply, I appriciate your time and help.

I am guessing that " humantarian reinstatement " is not available for his family and " humanatarian parole" will not be given, cuz his family have to be in some kind of " emergency"

Thankyou so much for your help

Thanks

ipav

[JimVaPhuong 4,863]

Hello,

Mr Aaron and Mr.Jimvaphuong,

How are you sir? Thankyou very much for the wonderful information you have given me. I will pass it along to my friend. Thnakyou sir for taking time to reply, I appriciate your time and help.

I am guessing that " humantarian reinstatement " is not available for his family and " humanatarian parole" will not be given, cuz his family have to be in some kind of " emergency"

Thankyou so much for your help

Thanks

ipav

Humanitarian reinstatement is not applicable here because there is nothing to be reinstated.

Humanitarian reinstatement applies to cases where the petitioner has died. Under the law, the petition is automatically revoked when the petitioner dies. A request for humanitarian reinstatement is a request that the approved petition be reinstated for a compelling humanitarian reason, usually because the goal of family reunification can still be served by reinstating the petition. The law also requires the petitioner to submit an affidavit of support, but makes an exception in the case where the petitioner has died and a humanitarian reinstatement has been approved. In that case, a qualifying relative of the beneficiary's can become a substitute sponsor.

In this case, the petition became irrelevant when the beneficiary died. The petition isn't revoked, so it doesn't need to be reinstated. There simply is no beneficiary to act on the approved petition. No beneficiary means no visa for the beneficiary. No visa for the beneficiary means no visa for the derivatives. The case is effectively closed.

[aleful 1,905]

Hi Members,

Rdegards and thankyou for your kindness to help me. My situation is as follows

- My friend filed for his borther and his brother's family ( wife and 2 minor children) in F4 category in april 2003. His petition was approved and currently is in NVC pending visa number avaibility. BUT my friend's brother ( principal beneficiary ) died 4 months ago. Qustions are as follow

1. Can my firend's family ( wife and 2 minor children )can continue original petition somehow/ any way?

2. My friend's brother and his family are living in India for his whole life. Do they qualify for " Humanatarian reinstatemnt" ?

Any help from you is greately appriciated. Please Help me.....I Thankyou all in advance ..please

Thanks

ipav

ditto to Jim. the reinstatement is for the benificiary. if the sibling petitioner died, then there could be a substitutr petitioner for the benificiary and his or her family.

but in this case the beneficiary died, case closed.

[toysin 0]

What happens to derivative beneficiary after visa has been isssued, passport stamped, tickets booked and primary beneficiary dies 10 days before flying to usa?

[aaron2020 11,651]

What happens to derivative beneficiary after visa has been isssued, passport stamped, tickets booked and primary beneficiary dies 10 days before flying to usa?

Visas are useless because the principal immigrant must enter first or with the derivatives.

With a deceased beneficiary, it impossible for him to enter the US, so the derivative visas are useless.

[aaron2020 11,651]

Here is a similar case.

Maria, the derivative beneficiary, could not use the visa issued to her after the principal beneficiary died before immigrating.

The positive news is that humanitarian reinstatement is possible.

http://asianjournalusa.com/can-spouse-still-migrate-when-principal-beneficiary-dies-p11344-156.htm

Edited January 11, 2014 by aaron2020