Petitioner died after I-130 Approval

[jrladra 7]

2 hours ago, Lola03 said:

Thank you jrladra for your reply! Your story is so wow, congratulations! I had couple of questions (and thank you again for offering help, you are so kind). 

1. What was basis that you provided for your humanitarian reinstatement/motion to reopen?

2. My mother's application got automatically revoked in 2017 upon petitioner's death, and they asked her to file a motion to reopen/reconsider within one month of the receipt of the notice. But my mother got to know about the letter AFTER 8 MONTHS (USCIS did send the letter) and so she thought she lost the chance. Currently, we are desperate (due to some family condition) to reinstate my mother's application. So my question is how badly a delay in filing affects the chances of reinstatement. 

3. Do you think filing a motion would be quicker/better in comparison to HR. They asked my mother to file a motion on the first hand, did they ask you too to file a motion?

4. Did you hire an attorney or filed by yourself?

 

3 hours ago, Lola03 said:

Thank you jrladra for your reply! Your story is so wow, congratulations! I had couple of questions (and thank you again for offering help, you are so kind). 

1. What was basis that you provided for your humanitarian reinstatement/motion to reopen?

2. My mother's application got automatically revoked in 2017 upon petitioner's death, and they asked her to file a motion to reopen/reconsider within one month of the receipt of the notice. But my mother got to know about the letter AFTER 8 MONTHS (USCIS did send the letter) and so she thought she lost the chance. Currently, we are desperate (due to some family condition) to reinstate my mother's application. So my question is how badly a delay in filing affects the chances of reinstatement. 

3. Do you think filing a motion would be quicker/better in comparison to HR. They asked my mother to file a motion on the first hand, did they ask you too to file a motion?

4. Did you hire an attorney or filed by yourself?

 

 

The basis of filing humanitarian is because my mom passed away...at first we didn’t know about humanitarian reinstatement..we found out from my brother’s friend..they have the same case..the thing is your mom’s case is supposed to be follow up within 30 days of the revocation notice..if you still have that letter that you received 8 months after,you might have a chance to file for a motion to reopen..you can file it but I don’t know the chances..the form is I-290b 675 filing fee...the instruction is all there in uscis website...you might want to send all the docs that you received from uscis...when did they ask your mother to file a motion to reopen....and we file it ourselves without an atty....

[Lola03 0]

9 minutes ago, jrladra said:

 

Thank you for the reply! The same USCIS notice that was sent to my mother also had the instructions to file motion to reopen/reconsider. The letter commented that since there is no request for reinstatement, the application stands revoked and suggested to file motion within 30 days. 

[jrladra 7]

2 hours ago, Lola03 said:

Thank you for the reply! The same USCIS notice that was sent to my mother also had the instructions to file motion to reopen/reconsider. The letter commented that since there is no request for reinstatement, the application stands revoked and suggested to file motion within 30 days. 

Goodluck..

[andi012 1]

On 2/1/2020 at 6:13 AM, jrladra said:

We have the same case for my sister..my mother passed away feb 2015..her priority date was april 2007..we called nvc and told them about my mother..then we filed for humanitarian reisntatement..it was revoked at first because apparently they didnt receive the documents that they asked but we sent all the documents..we have to file for motion to reconsider and luckily they opened my sister's case again..and the rest is history..she's here with us in the US..

 

 

How much time it will take to go through this process?

[John Phan 0]

On 2/1/2020 at 12:13 PM, jrladra said:

We have the same case for my sister..my mother passed away feb 2015..her priority date was april 2007..we called nvc and told them about my mother..then we filed for humanitarian reisntatement..it was revoked at first because apparently they didnt receive the documents that they asked but we sent all the documents..we have to file for motion to reconsider and luckily they opened my sister's case again..and the rest is history..she's here with us in the US..

Dear friend, how long as you submitted your H.R and getting their approval for the request? Could you share. The waiting has made me nervous as of now.

 

Thanks in advnce, friend

 

[jrladra 7]

dec 23 2016–informed uscis of mom’s passing

dec 8 2017–received courtesy letter asking for substitute sponsor which is my brother

feb 12 2018–sent required documents to us is including affidavit of support from my brother

feb 14 0218–docs received by uscis..we received a notice

sept 2018-case still revoked...uscis saying they didn’t received the documents

oct 2018–filed for motion to reopen...with another set of documents we submitted

april 01 2019–case reopened..

april 04 2019–case approved....case sent to nvc

july 15 2019–case is being processed in nvc 

sept 16 2019–notice for interview schedule at us embassy PHilippines

oct 3 2019–interview notice..

oct 22 2019–medical exams—it’s up to you..at least 1 week before interview

nov 5 2019–interview..

1 week after received passport

dec 15 2019–Hello JFK airport

 

feel free to message me if you have questions..we want to help other people with the same cases....goodluck

 

[Nohama 0]

On 6/5/2021 at 4:18 AM, jrladra said:

dec 23 2016–informed uscis of mom’s passing

dec 8 2017–received courtesy letter asking for substitute sponsor which is my brother

feb 12 2018–sent required documents to us is including affidavit of support from my brother

feb 14 0218–docs received by uscis..we received a notice

sept 2018-case still revoked...uscis saying they didn’t received the documents

oct 2018–filed for motion to reopen...with another set of documents we submitted

april 01 2019–case reopened..

april 04 2019–case approved....case sent to nvc

july 15 2019–case is being processed in nvc 

sept 16 2019–notice for interview schedule at us embassy PHilippines

oct 3 2019–interview notice..

oct 22 2019–medical exams—it’s up to you..at least 1 week before interview

nov 5 2019–interview..

1 week after received passport

dec 15 2019–Hello JFK airport

 

feel free to message me if you have questions..we want to help other people with the same cases....goodluck

 

Hi Jrladra I read your replies and really appreciate your help here.

My father (the petitioner) passed away in march 2021. I am a principal beneficiary a f3 married son live in UK and my 2 other married sisters live in Pakistan.

Sisters priority dates are may 2009 and mine is sep 2011.

My another sister is a US citizen and willing to be a subsititue sponsor.

If I inform NVC about my father's death and ask NVC to reinstate our cases on humanitarian basis what would happen to our children (derivative beneficiaries all under 18)?

Do we have to pay the filling fees again?

 

I read on dyanwilliamlaw's website that we (the principal beneficiaries) will have to file a seprate petitions for our spouses and children.

 

Here is a cut & past from the website:

a married son of a U.S. citizen petitioner in the F3, family-based category, may still immigrate to the United States if the petitioner dies before he gets his green card, as long as the I-130 petition was approved before the death. But his spouse and minor children will not benefit from humanitarian reinstatement and cannot immigrate through the deceased’s petition. Instead, the principal beneficiary will need to file petitions for his spouse and children after he becomes a permanent resident.

 

 

 

[jrladra 7]

Yes i think you have to file separate filling for your kids and wife..but make sure you include them in the humanitarian letter...

[Nohama 0]

17 hours ago, jrladra said:

Yes i think you have to file separate filling for your kids and wife..but make sure you include them in the humanitarian letter...

This is from USCIS website:

"Derivative beneficiaries are not eligible to request humanitarian reinstatement; however, if we approve the principal beneficiary’s request, any eligible derivative beneficiary may also benefit from relief."

That is what confusing me (the underline statment). I couldn't see anywhere on USCIS's website about derivative beneficiaries will have to file a seperate application.

Can you please give us any guidance how and what to write to USCIS in humaintarian reinstatment appeal, any letter template would be very appreaciated. Thanks.

 

[jrladra 7]

10 hours ago, Nohama said:

This is from USCIS website:

"Derivative beneficiaries are not eligible to request humanitarian reinstatement; however, if we approve the principal beneficiary’s request, any eligible derivative beneficiary may also benefit from relief."

That is what confusing me (the underline statment). I couldn't see anywhere on USCIS's website about derivative beneficiaries will have to file a seperate application.

Can you please give us any guidance how and what to write to USCIS in humaintarian reinstatment appeal, any letter template would be very appreaciated. Thanks.

 

My sister's son was able to come with her...but your  category is F3..my sister is f2B...i don't know if that's make any difference..im not a lawyer to say...?regarding to the letter..im going to ask my sister..but basically you are appealing to them that you're eligible to come here..like trying to please them...

[Nohama 0]

13 hours ago, jrladra said:

My sister's son was able to come with her...but your  category is F3..my sister is f2B...i don't know if that's make any difference..im not a lawyer to say...?regarding to the letter..im going to ask my sister..but basically you are appealing to them that you're eligible to come here..like trying to please them...

Thanks mate. That letter would be a great help to draft my own letter. It would give me some ideas.

Appreciated.

[Polly Dolly 0]

On 6/5/2021 at 6:18 AM, jrladra said:

dec 23 2016–informed uscis of mom’s passing

dec 8 2017–received courtesy letter asking for substitute sponsor which is my brother

feb 12 2018–sent required documents to us is including affidavit of support from my brother

feb 14 0218–docs received by uscis..we received a notice

sept 2018-case still revoked...uscis saying they didn’t received the documents

oct 2018–filed for motion to reopen...with another set of documents we submitted

april 01 2019–case reopened..

april 04 2019–case approved....case sent to nvc

july 15 2019–case is being processed in nvc 

sept 16 2019–notice for interview schedule at us embassy PHilippines

oct 3 2019–interview notice..

oct 22 2019–medical exams—it’s up to you..at least 1 week before interview

nov 5 2019–interview..

1 week after received passport

dec 15 2019–Hello JFK airport

 

feel free to message me if you have questions..we want to help other people with the same cases....goodluck

 

thats amazing. please can you tell me how you contacted uscis? My mom passed in Oct 2019 but i havent reported it. Does this affect my case?

[jrladra 7]

23 hours ago, Polly Dolly said:

thats amazing. please can you tell me how you contacted uscis? My mom passed in Oct 2019 but i havent reported it. Does this affect my case?

We contacted uscis by phone and informed them about my mom's passing...you should've reported it sooner..I'm  not sure about now..it all depends on your priority date if it's current...or if you're case was approved or pending...

[jrladra 7]

On 6/9/2021 at 4:56 PM, Nohama said:

Thanks mate. That letter would be a great help to draft my own letter. It would give me some ideas.

Appreciated.

My sister wrote about the relationship between my sister and the substitute sponsor(my brother)..and how my mom really wants her to be here with us..basically you're  trying to convince them that you belong to be here.in this country...

[Ontarkie 14,274]

~~Hijack post removed. PLease start your own thread for question regarding your own case.~~