F3 (merged)

[Sadrul Islam 0]

Hello everyon,  please let me know if petitioner is died due to covid 19 after submission of I 864 form & Visa fee also to the NVC, What happened with this case & if we inform to NVC anything or Wating 😥 Visa category F3               

[HRQX 4,145]

1 hour ago, Sadrul Islam said:

What happened with this case & if we inform to NVC anything or Wating 😥 Visa category F3               

The primary beneficiary can attempt to get a humanitarian reinstatement: https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement The substitute I-864 sponsor must meet certain criteria.

Edited June 2, 2020 by HRQX

[Sadrul Islam 0]

Hi, After submission of Visafee & all civil documents to NVC, then unfortunately my petitioner( Father) was died due to covid 19, What can I do now, please help me.

[aaron2020 11,651]

Condolences on your father's passing.

 

Unfortunately, the death of the petitioner ends the case.   You will need to inform the NVC that your father has died.  Afterwards, you can seek to have the case reinstated on humanitarian grounds if you have a qualified substitute petitioner.

https://www.google.com/search?q=Death+of+petitioner+I-130&oq=Death+of+petitioner+I-130&aqs=chrome..69i57.6251j0j1&sourceid=chrome&ie=UTF-8

 

https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement#:~:text=Humanitarian%20reinstatement%20is%20a%20discretionary,the%20death%20of%20the%20petitioner.

[Sadrul Islam 0]

Please let me know Whether the applicant will be able to involve his / her another siblings in the same application during the F4 visa application is Processing in the uscis, PD 2012, but our country Bangladesh is running PD 2007. 🙏

[Just Paul 4,595]

25 minutes ago, Sadrul Islam said:

Please let me know Whether the applicant will be able to involve his / her another siblings in the same application during the F4 visa application is Processing in the uscis, PD 2012, but our country Bangladesh is running PD 2007. 🙏

No - each sibling would need their own petition and would have a new PD.

[Sadrul Islam 0]

Please anybody let me know, Is it possible to convert F3 to F4 after approving the case due to petitioner decease? The case is now at NVC.           

[milimelo 4,477]

No, you'd need a new I-130 petition. 

[Lucky2Lucky 2,526]

I'm not sure who petitioned for you but I believe if the petitioner died you don't have a way to immigrate through them- the whole point is family reunification and that is no longer the case. 

[aaron2020 11,651]

45 minutes ago, Sadrul Islam said:

Please anybody let me know, Is it possible to convert F3 to F4 after approving the case due to petitioner decease? The case is now at NVC.           

The law does not allow a conversion from an F3 petition to an F4 petition.  Your sibling would need to file a new I-130.  You will receive a new Priority Date and have to wait 15 years for a visa interview.

The only way to proceed on your current F3 petition is to notify the NVC that the petitioner has died and to seek humanitarian reinstatement if you have a qualifying relative.

Best of luck.

[SusieQQQ 11,586]

23 minutes ago, Luckycuds said:

I'm not sure who petitioned for you but I believe if the petitioner died you don't have a way to immigrate through them- the whole point is family reunification and that is no longer the case. 

F3 would be parent - category is married child of USC parent.

 

@Sadrul IslamYou can try apply for humanitarian reinstatement, as a sibling is an acceptable substitute sponsor. See link below. We see people doing this every so often, very few come back to report success, one or two. You’d probably want a lawyer to help prepare the application if you decide to try this route as the onus is on you to show why it should be granted.

 

https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement

 

If you are prepared to wait 15+ years then have your sibling also file a F4 petition. 

Edited June 5, 2020 by SusieQQQ

[Ontarkie 14,221]

~~Hijack post split off to its own thread.~~

[Just Paul 4,595]

If the mother is alive and now an US Citizen, she should hire a FAMILY IMMIGRATION attorney to contact the NVC.  She would have one shot at getting it done correctly.