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Sehaj

Petitioner deceased - humanitarian reinstatement possible?

By Sehaj in Bringing Family Members of US Citizens to America

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RichardShane Explorer

RichardShane   2

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Filed: K-1 Visa Country: Philippines
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Same case as my bro. My dad passed away 2013, and my bro's case was approved prior to that date. Just about a few months ago, the petition went current, and we advised the NVC of my father's death. They sent the case back to USCIS and we were waiting for notification. A few weeks later, we received and email that they USCIS received the case from NVC and they were reviewing it. Months has passed and nothing was happening so I emailed the National Customer Service for USCIS. The officer stated that we need to request for Humanitarian Reinstatement as soon as possible. We didn't consult a lawyer. I did a lot of research regarding this and wrote a letter (signed by my brother) requesting for the benefit. We also attached supporting documentation (he's the only one back home and all of us, his immediate family, are already in the US). The letter was sent via certified mail to the USCIS service center where it was approved. I received an acknowledgement from the office that they received the request for HR and they advised that they only work these cases when they can depending if how busy they are. It has been three months since we received that letter. I will probably call next week for an update. Good luck!

Naturalization:

09/11/2010 - Sent N400 Application (with fee waiver request) to Phoenix, AZ

02/16/2011 - I'm a US Citizen!!

K1 Visa for Fiancee:

03/11/2011 - Sent I-129 Application

03/15/2011 - NOA1 via Email

03/17/2011 - NOA1 Hard Copy

05/26/2011 - RFE

06/10/2011 - RFE Response

06/15/2011 - NOA 2 via Email

06/18/2011 - NOA 2 Hard Copy

07/13/2011 - NVC Received Case

07/15/2011 - NVC forwards to US Embassy Singapore

07/17/2011 - Consulate Received Case

07/21/2011 - Packet 3 Received

07/22/2011 - Packet 3 returned

07/29/2011 - Packet 4 Received, Interview Scheduled

08/19/2011 - Interview APPROVED!!

08/26/2011 - Visa on Hand

08/30/2011 - POE, Honolulu, HI

AOS

10/08/2011 - Married in Las Vegas

11/02/2011 - Sent I-485, I-131, I765 to Chicago Lockbox

11/04/2011 - Received and was signed for

11/17/2011 - Acceptance Text Message from USCIS dated Nov 4

11/24/2011 - NOA Hard Copy

11/28/2011 - Biometrics Appointment 12/14/2011

12/07/2011 - Walk in Biometrics

01/05/2012 - I-765 approved + Ordered production of Card

01/13/2012 - Combo Card received , I-1765 and I-131

01/19/2012 - Interview notice! Set for 02/24/2012

02/24/2012 - Interview done! One more background check!

02/24/2012 - USCIS Card Production Notification

02/26/2012 - USCIS Decision Notification (Approval)

03/05/2012 - GC on hand!

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Ebunoluwa
Ebunoluwa

I would make a phone call to the lawyer first to even understand what your options are. There is a law that close family members are protected when the petitioner dies. I don't know any more details

Neevs&day
Neevs&day

Plz don't expect anything from USCIS as they returned the case. Better ask your uncle to approach congressman or senator office, it will help. Usually a petition once returned, expired in 90 days afte

Ebunoluwa
Ebunoluwa

Your comment is incorrect. I-130 petitions do not expire after 90 days. The main point here is that the petitioner is deceased and there is a process in place by a protective law which was put in pl

Boiler Grand Master

Boiler   46,013

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Has any of his family in the US petitioned for him?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

vulam160888 Newbie

vulam160888   3

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Filed: F-3 Visa Country: Vietnam
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Posted

This is exactly the same as my case. My grandma passed a way in 2015. I went to the lawyer and asked her to submit a letter and other doccuments to USCIS to reopen the case. Luckily, my case was reaffirmed after waiting for  6 months. Now, uscis sent my case to NVC and continue the process as normal. I just paid the fee and submited civil doc. Still waiting to complete.

  • 4 months later...
jrladra Rookie

jrladra   7

Posted
Filed: Other Country: Philippines
 Timeline
Posted
On ‎10‎/‎20‎/‎2017 at 2:18 PM, RichardShane said:

Same case as my bro. My dad passed away 2013, and my bro's case was approved prior to that date. Just about a few months ago, the petition went current, and we advised the NVC of my father's death. They sent the case back to USCIS and we were waiting for notification. A few weeks later, we received and email that they USCIS received the case from NVC and they were reviewing it. Months has passed and nothing was happening so I emailed the National Customer Service for USCIS. The officer stated that we need to request for Humanitarian Reinstatement as soon as possible. We didn't consult a lawyer. I did a lot of research regarding this and wrote a letter (signed by my brother) requesting for the benefit. We also attached supporting documentation (he's the only one back home and all of us, his immediate family, are already in the US). The letter was sent via certified mail to the USCIS service center where it was approved. I received an acknowledgement from the office that they received the request for HR and they advised that they only work these cases when they can depending if how busy they are. It has been three months since we received that letter. I will probably call next week for an update. Good luck!

hi..did you get anything from USCIS?i have the same case with my sister..hopefully it goes well with your brother too...

RichardShane Explorer

RichardShane   2

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted
58 minutes ago, jrladra said:

hi..did you get anything from USCIS?i have the same case with my sister..hopefully it goes well with your brother too...

Haven’t heard anything from them yet since they got the HR request. It’s been 6 months since, so I might follow up in a few weeks. 

Naturalization:

09/11/2010 - Sent N400 Application (with fee waiver request) to Phoenix, AZ

02/16/2011 - I'm a US Citizen!!

K1 Visa for Fiancee:

03/11/2011 - Sent I-129 Application

03/15/2011 - NOA1 via Email

03/17/2011 - NOA1 Hard Copy

05/26/2011 - RFE

06/10/2011 - RFE Response

06/15/2011 - NOA 2 via Email

06/18/2011 - NOA 2 Hard Copy

07/13/2011 - NVC Received Case

07/15/2011 - NVC forwards to US Embassy Singapore

07/17/2011 - Consulate Received Case

07/21/2011 - Packet 3 Received

07/22/2011 - Packet 3 returned

07/29/2011 - Packet 4 Received, Interview Scheduled

08/19/2011 - Interview APPROVED!!

08/26/2011 - Visa on Hand

08/30/2011 - POE, Honolulu, HI

AOS

10/08/2011 - Married in Las Vegas

11/02/2011 - Sent I-485, I-131, I765 to Chicago Lockbox

11/04/2011 - Received and was signed for

11/17/2011 - Acceptance Text Message from USCIS dated Nov 4

11/24/2011 - NOA Hard Copy

11/28/2011 - Biometrics Appointment 12/14/2011

12/07/2011 - Walk in Biometrics

01/05/2012 - I-765 approved + Ordered production of Card

01/13/2012 - Combo Card received , I-1765 and I-131

01/19/2012 - Interview notice! Set for 02/24/2012

02/24/2012 - Interview done! One more background check!

02/24/2012 - USCIS Card Production Notification

02/26/2012 - USCIS Decision Notification (Approval)

03/05/2012 - GC on hand!

  • 2 weeks later...
jrladra Rookie

jrladra   7

Posted
Filed: Other Country: Philippines
 Timeline
Posted
On ‎3‎/‎10‎/‎2018 at 12:43 PM, RichardShane said:

Haven’t heard anything from them yet since they got the HR request. It’s been 6 months since, so I might follow up in a few weeks. 

I received a confirmation that they received the evidence that they asked my sister...and they will begin working on her case again..then mail a decision..did you receive the same thing?thank u

  • 2 months later...
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Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

*** Zombie Thread closed. One hijacked post split.

 

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