Residing in US while petitioner died

[family143 0]

My mother passed away June 20 2016, she petitioned me under 1-30 and was approved in 2008. I'm here in the US now and want to request for Section 204(l) Relief for Surviving Relatives.

Does anybody know what happens after the request is granted? What's the process after? Do I get my greencard right away? I checked the uscis website but it didnt say anything about the procedures after.

--- Manny

[Boiler 45,656]

What is your current status?

[family143 0]

I came here with a tourist visa in Nov 2015 because my mother was very sick at that time.

[Boiler 45,656]

So you extended your B2?

[NigeriaorBust 4,087]

To benefit the US must be your place of residence and you only had a visitors visa so I think you may not qualify. Best check with a good lawyer.

[family143 0]

No, i didn't get to extend.

I've been living here since nov & will still reside here. I dont plan to live in the philippines anymore. Thats why im trying to fix my papers & bring my spouse & children here to live with me.

[Boiler 45,656]

Agree with the Layer required comment. Not DIY

Just some thoughts:

You overstayed your visitor visa so do not see how you could be resident, especially when you have a family residence.

Your visa number is not current and will not be for a very long time.

Presumably somebody else would need to do the I864.

Let us say it was possible, you would have to petition husband and children, a few years.

[family143 0]

Thank you for the replies

[Adil & Jeanne 296]

you have overstayed your visa

Did you answer all questions honestly at interview and say were coming to stay ?

did they know you are married ?

I don't need the answers but others here can tell you what happens if immigraiton knows you came on tourist visa with intent to stay

your overstay is the big problem / at this point you are in the US illegally

you do need a good immigration lawyer and a sponsor

[aaron2020 11,651]

Time to lawyer up since you have decided to overstay your visitor visa and become illegal.

You can get a substitute petitioner since the I-130 has been approved.

You will not get a green card immediately since your PD is not current.

You will likely be denied a green card for living here illegally.

It's extremely unwise to violate US immigration laws while trying to seek a reinstatement.

Contact a lawyer immediately.

Edited August 8, 2016 by aaron2020

[kzielu 1,149]

No, i didn't get to extend.

I've been living here since nov & will still reside here. I dont plan to live in the philippines anymore. Thats why im trying to fix my papers & bring my spouse & children here to live with me.

Not very smart since you are not in the immediate relative category therefore you will be found not eligible to AOS/GC, petitioner living or not.

[Cathi 5,769]

My mother passed away June 20 2016, she petitioned me under 1-30 and was approved in 2008. I'm here in the US now and want to request for Section 204(l) Relief for Surviving Relatives.

Does anybody know what happens after the request is granted? What's the process after? Do I get my greencard right away? I checked the uscis website but it didnt say anything about the procedures after.

--- Manny

Your request won't be granted because you decided to ignore our immigration laws and stay here illegally. If you mother was ill and you needed more time in the US you should have requested an extension on your B2. IF you had done things legally you still would need to return home and wait for your visa number to become current. Just because your mom petitioned for you before she passed doesn't give you the right to stay illegally and bring the rest of your family.

[Unlockable 7,315]

Your visitor visa is your only advantage and now you have jeopardized that by overstaying.

You may be an illegal for a while as this will require a lot of time and money to fix.

[aaron2020 11,651]

Your visitor visa is your only advantage and now you have jeopardized that by overstaying.

You may be an illegal for a while as this will require a lot of time and money to fix.

Hard to fix being illegal without an Immediate Relative. OP needs to head home before he accumulate 180 days of unlawful presence.

[Merrytooth 5,748]

but OP don't plan to live in the philippines anymore