NVC returned the case to USCIS for administrative action.

[johny.96 0]

Our petitoner had died 2 yrs back . This is an f4 case. We had submitted all our documents paid our fees and were waiting for the case to get completed.Then suddenly today when we opened the nvc login, we see the note that it has been returned for the administrative action. We had provided enough documentation for the change in our sponsor who would be the deceased's wife.What has happened? Does this mean a possible revocation?? Need insight on this urgently. Thanks

[Hypnos 6,576]

Presumably you are seeking 204(l) relief: http://www.uscis.gov/green-card/green-card-through-family/basic-eligibility-section-204l-relief-surviving-relatives

Are you sure you qualify for it? Either the principal beneficiary or any of the derivative beneficiaries must have resided in the US at the time the petitioner died for you to be able to claim relief under 204(l) and continue with the process.

If the approved I-130 was already at the NVC at the time the petitioner died, and you know you qualify for 204(l) relief, then most likely the petition is being returned to USCIS for them to examine your case and provide this relief. The State Department by law is not permitted to provide 204(l) relief, only USCIS can, so it has to go back to them first for them to sprinkle their magical fairy dust on it before the case can proceed at the NVC and then on to the embassy.

Edited October 17, 2015 by Hypnos

[johny.96 0]

Presumably you are seeking 204(l) relief: http://www.uscis.gov/green-card/green-card-through-family/basic-eligibility-section-204l-relief-surviving-relatives

Are you sure you qualify for it? Either the principal beneficiary or any of the derivative beneficiaries must have resided in the US at the time the petitioner died for you to be able to claim relief under 204(l) and continue with the process.

If the approved I-130 was already at the NVC at the time the petitioner died, and you know you qualify for 204(l) relief, then most likely the petition is being returned to USCIS for them to examine your case and provide this relief. The State Department by law is not permitted to provide 204(l) relief, only USCIS can, so it has to go back to them first for them to sprinkle their magical fairy dust on it before the case can proceed at the NVC and then on to the embassy.

Yes, the principal applicant and his spouse(derivative) was there on a visit visa(non immigrant) at the time of his death.

[Hypnos 6,576]

I believe they must have also have continued to reside there since then, according to the instructions linked above.

[johny.96 0]

I believe they must have also have continued to reside there since then, according to the instructions linked above.

Nope,they came back after the funeral.

New developments: USCIS has revoked our case.since we cant apply for relief under section 204, we are planning to go with humanitarian reinstatement.

My question is, in the revockation notice they have asked us to fill I290b inorder to reconsider the adverse decision. Why this has to be done? Is it necessary to fill I290b for humanitarian reinstatement?

Thank you for the replies . Please help as this is an emergency.

[Hypnos 6,576]

http://www.uscis.gov/green-card/green-card-through-family/humanitarian-reinstatement indicates that you must apply in writing to request humanitarian reinstatement, and to the office that originally approved the petition.

I would strongly consider having an experienced immigration attorney assist you with this; you don't have a DIY case.