Petioner Died, a first cousin residing in the US since 1998 willing to be my replacement sponsor

[LolasBoy 0]

I was raised by my grandparents on my father's in the Philippines. My grandfather a WWII veteran, moved to the US in the mid-90s (first in 93, then again in 95), he was granted American Citizenship for his services during the war and petitioned all 7 of his children and 1 grandchild (me). He had fallen very ill whilst in the US in 96 and decided to come home to the Philippines before any of us can go to the US. He died in 2001. Can I still pursue my immigrant Visa now that he is no longer around? I do have a first cousin (her mom and my dad are siblings) who has been residing in the States since 1998 (who is also now a US Citizen, she was petitioned in 98 by an Aunt on her Dad's side, not related to me) who would like to be my replacement sponsor. I am now 37 years old, single, of sound financial sounding, no bad debts, have a flourishing career as Senior Training Manager.I have been to US on several occasions, all on business trips, 2010, 2014 and then again now in 2019. I have a multiple entry US visa valid til 2020. I have not overstayed my visa in any one of my visits. I don't know if that is relevant to my situation though.

[apple21 953]

Sadly, you're already too over aged to benefit from a very old petition. Whatever petition your grandfather filed died with him 18 years ago. The NVC and US embassy only allows until a year to fulfill any requirement for an immigrant visa.

[LolasBoy 0]

Hi apple21, I am very new to this platform. Thanks for replying. I didn't expect anyone would actually notice. I don't know how to reply to your post directly, so I am reply on the main thread. My apologies. Under 

 

Employment Fourth Preference (E4): Certain Special Immigrants, 18) Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11^th, 2001, if the petition or application was rendered void due to a terrorist act on September 11^th, 2001. 

 

Does this cover my case or not?

[Just Paul 4,595]

Unfortunately the IR category is for family reunification.   Without the petitioner living in the US, at the time of approval, none of those petitions would be granted.  

 

For the employment based petitions you would have to have had a EB petition submitted prior to 9/11/2001

[LolasBoy 0]

Thanks, Paul & Mary. Is there a way that I may qualify for this? 

Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

There are three subgroups within this category:

1. Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
2. Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
3. Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

[SalishSea 17,836]

Just curious ~ why so desperate to come to the US suddenly now?

 

Cousins cannot petition for each other, btw.

[apple21 953]

@Lolasboy

For employment based visas, you must find a US employer who would be willing to file the petition on your behalf.

[Boiler 45,525]

Your Father could be sponsored by his sibling, once he immigrates he could then sponsor you.

[apple21 953]

47 minutes ago, Boiler said:

Your Father could be sponsored by his sibling, once he immigrates he could then sponsor you.

His dad will immigrate in 20+ years. They're from the Philippines. Then another 10+ years for F2B.  OP is 37 yo now. Not feasible. 

Edited July 10, 2019 by apple21
Edit

[LolasBoy 0]

Well I guess there's my chance at moving to the US

[TBoneTX 45,309]

Thread is moved from Off Topic to General Immigration Discussion.

[LolasBoy 0]

11 hours ago, apple21 said:

His dad will immigrate in 20+ years. They're from the Philippines. Then another 10+ years for F2B.  OP is 37 yo now. Not feasible. 

 

12 hours ago, Boiler said:

Your Father could be sponsored by his sibling, once he immigrates he could then sponsor you.

none of my dad's siblings are in the US. My cousin made it to the US on a petition from her relatives not related to me (her Dad's side. It's her mom who's siblings with my Dad).

[mcdull 474]

nothing is available to you at this moment. 

[LolasBoy 0]

8 minutes ago, mcdull said:

nothing is available to you at this moment. 

unless I marry a US citizen I guess lol which is not an option for me lol

[USS_Voyager 1,972]

11 minutes ago, LolasBoy said:

unless I marry a US citizen I guess lol which is not an option for me lol

Or you have $500,000-$1,000,000 to invest in a business in the US. There’s investor visa.