Starting a new (2nd time) Petition for Immigration

[bulls2030 17]

Need some advice regarding our situation.

 

My father (a US Citizen) filed an I-130 for my married sister in February 2007. My father passed away in April 2010. 

Going through the notices we received, my sister received her I-130 approval from USCIS in August 2010. 

 

My sister received her notice from NVC. We mentioned to them in an email that the petitioner, my father, has passed away and they asked for his death certificate which we emailed recently. They requested documents and information to be considered for humanitarian reasons to USCIS as NVC was sending the case back to USCIS. We sent them the information to see if the case can be considered based on humanitarian reasons. Still waiting to hear back from them (it has been about 5 months). 

 

My niece (my sister's daughter) will become a US citizen in the next few months. 

 

My question is can my niece either become a substitute sponsor on the current application or do we need to start a new application for my sister through my niece? If we need to start a new application for my sister based on my niece being a petitioner, do I need to withdraw the current one that my deceased father petitioned in order for the application to be processed?

 

Would appreciate if anyone can provide some guidance on our situation. Thank you.

[SusieQQQ 11,587]

That doesn’t make sense to me. 
“Humanitarian reinstatement may only be requested by the principal beneficiary when the petitioner of an approved Form I-130, Petition for Alien Relative, has died. Humanitarian reinstatement cannot be granted if the petitioner died while the petition was pending”

https://www.uscis.gov/greencard/humanitarian-reinstatement

Do they qualify for any relief under 204i? - was any of the beneficiary or derivatives living in the US? https://www.uscis.gov/greencard/section-204l-relief-surviving-relatives

 

It may be easiest for your niece to file for her mom once she’s a citizen. As an IR category it’s relatively fast (around a year).

 

Edited February 6, 2020 by SusieQQQ

[Boiler 46,128]

How old is the niece?

[SusieQQQ 11,587]

12 minutes ago, Boiler said:

How old is the niece?

Ah, good question. I’d assumed a child of someone waiting for F3 able to naturalize through other means must be over 21, but there could be circumstances where her child moved and naturalized as a minor. 

Edited February 6, 2020 by SusieQQQ

[bulls2030 17]

On 2/5/2020 at 10:36 PM, Boiler said:

How old is the niece?

Niece is married in her mid-twenty's and would become a US citizen in the next few months.

[bulls2030 17]

On 2/5/2020 at 10:26 PM, SusieQQQ said:

That doesn’t make sense to me. 
“Humanitarian reinstatement may only be requested by the principal beneficiary when the petitioner of an approved Form I-130, Petition for Alien Relative, has died. Humanitarian reinstatement cannot be granted if the petitioner died while the petition was pending”

https://www.uscis.gov/greencard/humanitarian-reinstatement

Do they qualify for any relief under 204i? - was any of the beneficiary or derivatives living in the US? https://www.uscis.gov/greencard/section-204l-relief-surviving-relatives

 

It may be easiest for your niece to file for her mom once she’s a citizen. As an IR category it’s relatively fast (around a year).

 

Thanks for your response.

I am not sure if they qualify for humanitarian reinstatement but we gave it a shot. I (the brother of my sister) and our mom are in the US (mom is a greencard holder). 

 

I guess my question is if we can start a new petition for my sister through my niece even if the old petition is till being looked at? Or do I need to cancel that old petition? I think it is probably better and faster for my niece to apply for her parents (my sister and brother-in-law). 

[Boiler 46,128]

She first needs to naturalise and can then petition.

[bulls2030 17]

8 minutes ago, Boiler said:

She first needs to naturalise and can then petition.

Yes I am aware of that. 

[SusieQQQ 11,587]

26 minutes ago, bulls2030 said:

Thanks for your response.

I am not sure if they qualify for humanitarian reinstatement but we gave it a shot. I (the brother of my sister) and our mom are in the US (mom is a greencard holder). 

 

I guess my question is if we can start a new petition for my sister through my niece even if the old petition is till being looked at? Or do I need to cancel that old petition? I think it is probably better and faster for my niece to apply for her parents (my sister and brother-in-law). 

But is your sister or any of her dependents in the US? To my understanding that is what required for 204i relief? If not, from what you’ve said, I don’t think they qualify.

 

Your niece can start a new petition once she has naturalized. There can be more than one petition going for the same person at a time, so you can leave the old one in place if you still believe there is a chance they may be able to get something out of it.

[bulls2030 17]

11 hours ago, SusieQQQ said:

But is your sister or any of her dependents in the US? To my understanding that is what required for 204i relief? If not, from what you’ve said, I don’t think they qualify.

 

Your niece can start a new petition once she has naturalized. There can be more than one petition going for the same person at a time, so you can leave the old one in place if you still believe there is a chance they may be able to get something out of it.

Thank you for the information. Can you point me where on the uscis site it says an applicant can have more than one petition in the process? Would appreciate it.

[SusieQQQ 11,587]

2 hours ago, bulls2030 said:

Thank you for the information. Can you point me where on the uscis site it says an applicant can have more than one petition in the process? Would appreciate it.

I don’t know where it says on the website, I know that I personally have had more than one in process at the same time.