I130 for a daughter if petitioner has passed away

[Rayos471 2]

Hello everyone,

A relative of mine wants to know if she still has a path towards a green card with the following:

Her father was a US Citizen and applied for her as an unmarried child over 21 years of age.

The case got approved On August 13, 1998, we approved your Form I-130, Petition for Alien Relative

HOWEVER, her father passed away and she also got married.

What options does she now have?

[Unlockable 7,314]

None.

[Boiler 45,525]

Not even current.

Did she marry a US Citizen?

[Rayos471 2]

So what about Section 204(I)?

[Boiler 45,525]

What about it?

[Rayos471 2]

Isn't that an option?

Petition was Approved

If your immigrant petition was already approved before your relative died, the approval is automatically revoked by function of law (see 8 CFR 205.1(a)(3)(i)(B) and ©). Section 204(l) can still apply to a case that was revoked, so the revocation does not mean that your case is over. Rather, “revocation” and “reinstatement” simply provide a procedural mechanism that lets USCIS verify whether section 204(l) applies to your case and, if it does, to decide whether to exercise discretion favorably.

When you request and are granted section 204(l) relief, USCIS reinstates the approval of the petition, so that you can continue the process of obtaining lawful permanent residence (Green Card). This is a technical difference because of how the law is written and other laws and regulations that existed before section 204(l) was enacted, but the outcome is the same: when section 204(l) relief is requested and granted, you can continue the immigration process. Processing times may vary, depending on where your file is located and other factors. See "How to Request Section 204(l) Relief“ for information on how to request section 204(l) relief.

How to Request Section 204(l) Relief

There is no form or fee to ask for section 204(l) relief. You need to make a written request with supporting evidence of eligibility to a USCIS office.

• If your relative dies while the petition is pending, you should specifically ask USCIS “to approve the petition under section 204(l),” despite your relative’s death.
• If your relative dies after the petition (for example, Forms I-130 or I-140) is approved, you should specifically ask USCIS “to reinstate the approval of the petition under section 204(l).”
• If your relative dies while Form I-730 petition is pending, you should specifically ask the USCIS office that has your petition “to approve the petition under section 204(l),” despite your relative’s death.

When you request section 204(l) relief, you must include:

• Your name, your deceased relative’s name, and the names of any other beneficiaries on the same petition;
• Your alien registration number (A number), if you have one;
• Your deceased relative’s A number, if he or she had one;
• The A number for any other beneficiaries, if they have one;
• The receipt number on your petition or application;
• Your relative’s death certificate (a certified translation is required, if not in English);
• Proof of your residence (examples include, but are not limited to: lease/mortgage, utility bills, pay stubs, school records, etc.) at the time of your relative’s death up until the present time (note: only one of the beneficiaries on a petition with derivatives needs to meet the residence requirement); and
• Form I-864, Affidavit of SupportUnder Section 213A of the Act, from a substitute sponsor or Form I-864W, Intending Immigrant’s Affidavit of Support Exemption, if applicable.

[Unlockable 7,314]

What about the daughter getting married?

One of the conditions of the petition she was under was that she must stay unmarried.

She no longer has a path under her father's petition.

[Rebecca616 38]

oop... just realized I was reading the wrong section..sorry

Edited October 25, 2016 by Rebecca616

[Rayos471 2]

"petition pending" is what it says in the first line of that entire thing.... in OP it says case approved in 1998. like almost 20 years ago

No it does not say that, it says "Petition was approved"

What about the daughter getting married?

One of the conditions of the petition she was under was that she must stay unmarried.

She no longer has a path under her father's petition.

The path would still be there under F3?

Getting Married. If an immediate relative child under age 21 gets married, he or she can no longer be classified as an “immediate relative” and will become a “third preference” (F3) category married son or daughter of a U.S. citizen and a visa would no longer be immediately available. You must notify us of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa.

[Merrytooth 5,748]

No it does not say that, it says "Petition was approved"

The path would still be there under F3?

Getting Married. If an immediate relative child under age 21 gets married, he or she can no longer be classified as an “immediate relative” and will become a “third preference” (F3) category married son or daughter of a U.S. citizen and a visa would no longer be immediately available. You must notify us of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa.

You missed out this part:

Residence for the Purpose of Section 204(l) Relief Eligibility

• You “reside” in the United States if your “residence” is in the United States.
• Your residence is your primary home or your “principal actual dwelling place in fact, without regard to intent.” (See section 101(a)(33) of the Act.)

If you can show that your primary home when your relative died--where you were actually living--was in the United States, and it is still in the United States, you may benefit from section 204(l) relief.

Is the daughter currently reside in US legally?

[Rayos471 2]

You missed out this part:

Residence for the Purpose of Section 204(l) Relief Eligibility

• You “reside” in the United States if your “residence” is in the United States.
• Your residence is your primary home or your “principal actual dwelling place in fact, without regard to intent.” (See section 101(a)(33) of the Act.)

If you can show that your primary home when your relative died--where you were actually living--was in the United States, and it is still in the United States, you may benefit from section 204(l) relief.

Is the daughter currently reside in US legally?

The section does not mention anything about residing legally, if residing legally was a requirement, than it would make no sense since the intent is to obtain a green card to actually reside legally.

She does reside in the states and was residing at the time of her father's death.

[Rebecca616 38]

so she's been living in the US without a green card but came legally and has since married (a US citizen?) and now wants the actual card? maybe im not understanding once again

[EM_Vandaveer 2,408]

Good questions.

Has she entered the US legally?

Has she married a USC?

If the answer to these questions is yes, she has an easy path to the GC.

Edited October 26, 2016 by EM_Vandaveer