Petitioner died with pending petition

[batiatus 0]

HI Everyone Posting this for a friend

My friend who lives in the Philippines, single with no kids was petitioned by his US Citizen dad in June of 2008. In 2012, his dad got really sick and doctor said he doesn’t have that much time. The doctor gave him a certificate in order to obtain a tourist visa but was denied twice. His dad passed away a year ago. Does he have any options or is his pending petition is now dead?

Thanks in advance

[kzielu 1,153]

Since whole goal of petitioning family is for family re-unification, does he have any family to re-unite with ?

[Boiler 46,198]

Too late now I think but always a good idea for both Parents to file.

Now whether his Mother could take over, keep the priority date, is something worth checking.

[jerod_gavel 16]

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/January/Death-of-Qualifying-Relative.pdf

[batiatus 0]

His mom and siblings are all here in the US. I told him to go to the embassy in the Philippines and see what options he has

Thank you

[EireneFaith 54]

HI Everyone Posting this for a friend

My friend who lives in the Philippines, single with no kids was petitioned by his US Citizen dad in June of 2008. In 2012, his dad got really sick and doctor said he doesn’t have that much time. The doctor gave him a certificate in order to obtain a tourist visa but was denied twice. His dad passed away a year ago. Does he have any options or is his pending petition is now dead?

Thanks in advance

Hello Kabayan. Please read this link to help your friend. http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf. page 10 " What is substitute Sponsor". There is still hope. God bless.

[Umka36 781]

Here is some additional reading:

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/January/Death-of-Qualifying-Relative.pdf

[batiatus 0]

Hello Kabayan. Please read this link to help your friend. http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf. page 10 " What is substitute Sponsor". There is still hope. God bless.

Thank you. Do I tell his brother or mom to fill this out and file it with the USCIS.

[mnlDad 12]

I think the question if the petiiton is already approved. If its approved already, then the subsitute sponsor may apply. This is how I understand it. Thanks.

[EireneFaith 54]

Thank you. Do I tell his brother or mom to fill this out and file it with the USCIS.

Hello! It's better for your friend's mother to contact the USCIS National Customer Service Center at 800-375-5283, or if they can go to any USCIS office in their place and inquire about her son's petition. No need to get a lawyer. Very costly while they can do it for themselves. The National Service Center will respond on what they want to know. I experienced it to myself. Better for them to prepare your friend's priority date so that when they ask they have it ready.

[aaron2020 11,651]

Was the I-130 approved? This matters.

If the I-130 was approved, then humanitarian reinstatement may be possible.

If the I-130 was pending, then the case is over.

Was the I-130 approved? This matters.

If the I-130 was approved, then humanitarian reinstatement may be possible.

If the I-130 was pending, then the case is over.