Section 204(l) Relief for Surviving Relatives

[gardenState12 0]

Hello all,

Can you any one help with this question.Thank you.

 

As per the USCIS web site below

 

https://www.uscis.gov/green-card/green-card-through-family/basic-eligibility-section-204l-relief-surviving-relatives

 

Basic Eligibility for Section 204(l) Relief for Surviving Relatives

 You may be eligible to seek relief if you are a:

• Principal or derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the petitioner died;
• Derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the principal beneficiary died;

This says, principal and derivative beneficiary of a lawful permanent resident are eligible to apply,if the petitioner died.As per existing laws, if a lawful permanent resident  sponsors  son/daughter and if  they marry , they will lose I-130 .

Is this  a typo by USCIS?Can any one help.

 

Edited June 4, 2017 by gardenState12
spelling mistake

[aleful 1,905]

is that your case? you were a derivative minor of a GC petition and you married? if so then you don't qualify

 

the day you married, you opted out of the petition, you don't qualify for the petition, you must remain unmarried and under 21 if your parent was a resident or stepparent that filed for you and you were a derivative on your mom's petition or viceversa, your mom or stepmom was filing for your dad and you were his derivative

 

you can't marry and if you did, no petition for you

 

 

 

 

[gardenState12 0]

Thanks a lot for the reply.This is for my cousin .

 

He was the Principal beneficiary in  an I-130 in  F2B category and he is married now. Once the principal beneficiary in an I-130 married , he will lose his I-130,if the petitioner is permanent resident. His father, petitioner,  died before becoming a citizen.

 

But USCIS website says if the petitioner died, principal and derivative beneficiary of an I-130 is eligible to continue, regardless whether petitioner was Citizen or permanent resident,as per the new section of law INA 204(L).My question is any one knows about this eligibility.

So if the petitioner died, married son of a permanent resident  can apply to reinstate the I-130 petition?

Edited June 5, 2017 by gardenState12
added more

[aleful 1,905]

hi

 

yes, but it refers to a beneficiary that qualifies, once she married, the petition was voided, therefore there isn't any petition available for her. she must remain unmarried at all times until she got her GC

 

she said so long to her father's petition once she married. or if she wanted to marry she had to wait until her dad became a USC

 

she isn't a qualifying beneficiary and there is no longer a petition to begin with

 

 

[Jojo92122 1,924]

4 hours ago, gardenState12 said:

Thanks a lot for the reply.This is for my cousin .

 

He was the Principal beneficiary in  an I-130 in  F2B category and he is married now. Once the principal beneficiary in an I-130 married , he will lose his I-130,if the petitioner is permanent resident. His father, petitioner,  died before becoming a citizen.

 

But USCIS website says if the petitioner died, principal and derivative beneficiary of an I-130 is eligible to continue, regardless whether petitioner was Citizen or permanent resident,as per the new section of law INA 204(L).My question is any one knows about this eligibility.

So if the petitioner died, married son of a permanent resident  can apply to reinstate the I-130 petition?

You are making the mistake believing that this rule allows the I-130 to continue without other rules applying.  The rule is that the child of an LPR must stay single to be eligible.  Both rules apply.  Both rules must be met.  Since he can not meet the being single rule as the son of an LPR, then he can not continue anything.

 

Just because the I-130 can continue, it doesn't mean other rules don't apply.  To be eligible, the person must meet all the rules including staying single in the F2b category.   By marrying, he became ineligible.

Edited June 5, 2017 by Jojo92122

[gardenState12 0]

Thanks for thinking the way I thought about it.This is why I asked whether it was a typo.

An I-130 filed by a permanent resident cannot have a derivative beneficiary. So either this is a typo or gray area.

This is a relief provided by USCIS for only those who were in U.S at the time of the death of petitioner.

 

• Derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the principal beneficiary died;

A normal person read this as if an F2B or F3 dies, their spouse is eligible.

Edited June 5, 2017 by gardenState12
added more

[aleful 1,905]

hi

 

no typo or grey area. this is a generalized statement, but it applies only depending on the specifics of the category

 

there are no spouses on category F2B, since the category is only for UNMARRIED children over 21 of a LPR, so the derivative isn't a spouse, the derivative would be a child. as long as the parent didn't marry the baby's dad or mom, the baby or child would come as a derivative, it happens many times that unmarried girls get pregnant and under 21 or they were married but divorced. the beneficiary has to be divorced before the petition is filed, since the copy of the divorce decree has to be sent with the i130. and due to that former marriage, children can be involved.  . just like the category F1, UNMARRIED children of a USC, these categories doesn't allow the beneficiaries to be married, divorced yes because you become single again.

[aleful 1,905]

now where does it state that a LPR cannot have a derivative? the USC can't but a LPR can

 

they can file for a spouse and minor children would be derivatives, also as I stated, an F2B unmarried child, the beneficiary can be divorced and have children from the married, the minors would be derivatives, or if they had children during a relationship, but never married the father or mother of the child, the child or children would be included as derivatives

 

 

Edited June 5, 2017 by aleful

[GardenSan123 0]

I see aleful is confusing 204(L) with existing regulations.

204(L) is survivors law and is applicable only when petitioner died and is giving some immigration benefits to survivors who were present in U.S at the time of petitioner's death . This law is  not discriminating dead petitioners, whether they are citizens or green card holders.

For all family petitions ie 203 (a) (F1/F2/F3/F4 ), it allows principal beneficiary and spouse & children.

 

Below is 204(L) 

 

    ¹³  SURVIVING RELATIVE CONSIDERATION FOR CERTAIN PETITIONS AND APPLICATIONS- (1) IN GENERAL- An alien described in paragraph (2) who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States shall have such petition described in paragraph (2), or an application for adjustment of status to that of a person admitted for lawful permanent residence based upon the family relationship described in paragraph (2), and any related applications, adjudicated notwithstanding the death of the qualifying relative, unless the Secretary of Homeland Security determines, in the unreviewable discretion of the Secretary, that approval would not be in the public interest.

(2)   ¹⁴ ALIEN DESCRIBED- An alien described in this paragraph is an alien who, immediately prior to the death of his or her qualifying relative, was--

(A) the beneficiary of a pending or approved petition for classification as an immediate relative (as described in section  201(b)(2)(A)(i));

(B) the beneficiary of a pending or approved petition for classification under section  203 (a) or  (d);

(C) a derivative beneficiary of a pending or approved petition for classification under section  203(b) (as described in section  203(d));

 

It is clearly mentioned that 203 (a) , all family categories (F1/F2/F3/F4) and their spouse and children are eligible to continue with the same petition. Please see, 203(a) or (d) can apply for benefit.

 

This is again mentioned in the USCIS policy memorandum where family based petition is mentioned. See below.((https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/January/Death-of-Qualifying-Relative.pdf )

 

New section 204(l) of the Act changes this governing law with respect to an alien who is seeking an immigration benefit through a deceased “qualifying relative.” Section 204(l) permits the approval of a visa petition or refugee/asylee relative petition, as well as any adjustment application and related application, if the alien seeking the benefit:

 Resided in the United States when the qualifying relative died;

 Continues to reside in the United States on the date of the decision on the pending petition or application;

 

and  Is at least one of the following:

 The beneficiary of a pending or approved immediate relative visa petition;

 The beneficiary of a pending or approved family-based visa petition, including both the principal beneficiary and any derivative beneficiaries;  Any derivative beneficiary of a pending or approved employment-based visa petition;

 

Section 568(d) of Public Law 111-83 does not expressly define the “qualifying relative.” From the list of aliens to whom the new section 204(l) applies, however, USCIS infers that “qualifying relative” means an individual who, immediately before death, was:

 The petitioner in a family-based immigrant visa petition under section 201(b)(2)(A)(i) or 203(a) of the Act;

 

Again if you see , it is saying petitioner in a 203(a) not saying citizen or green card holder .

Of course it is contradictory to existing regulations.For eg, an employment based green card is given only for valid employment and employee /employer relationship.But if the employee died, as per this survivor's law , no employer or employee or employment needed.Employee's spouse and children are given green card under employment quota.

 

These are only for survivors who were in U.S  at the time of petitioner's death.So only a small subset of people are eligible for this relief.

Edited September 11, 2017 by GardenSan123
arranging.

[Boiler 46,121]

If you are in a category that only applies if you are unmarried and you marry you are no longer being petitioned, so none of that applies.

 

Seems many do not update USCIS with their change of status so they will not know you effectively opted out.

[GardenSan123 0]

Boiler

 

204(L) gives an option to reopen any revoked petition,if you are eligible for 204(L).This is called untimely motion to reopen.Once reopened, your petition will be 'pending' again.and they will adjudicate it under 204(L).

[Boiler 46,121]

Please yourself but as you have been told if you are in a category where you have to be unmarried and you marry you are no longer a beneficiary.

[GardenSan123 0]

Please yourself but as you have been told if you are in a category where you have to be unmarried and you marry you are no longer a beneficiary.

-------------------

OK. What I have been told is there are two exceptions to above rule :

1) petitioner becomes a citizen

2)Petitioner died and beneficiary was in U.S and continue to live in U.S

[Boiler 46,121]

Told by who?

[Jassy01 0]

WE have a similar case. My cousin who's father immigrated to US in 1992 applied for his daughter than under age 21. The petition was approved, but unfortunately her father passed away in 1995 on his visit to India. We sent a letter to US embassy to know the status of the application after his death, but there was no reply. After few years they sent a letter for Visa application along with medical and interview day. After medical was done and during interview the immigration officer was told about the petitioner's death he closed the case. There was no mention of any such provision to re-open the case. My cousin is still unmarried. Is there any way she can qualify get her application opened again. Kindly help us out. 

 

Thanks.