F3 Visa: Petitioner died what next?

[AdamKhattab 2]

I’m not sure if I’m posting in the right place but I’m asking on the behalf of my aunt. Her father was her petitioner for her and her kids. Her 1-130 was approved a year ago and it was at the NVC waiting to go current. The problem now is that her father passed away two weeks ago. She was not residing in the US when her father passed away. Does she need to inform the NVC that her father passed away and is there away to get her reinstated? Or is she out of options? I wanted to add that she does have a brother and a sister who both reside in the US and are citizens 

Edited June 14, 2021 by AdamKhattab

[Timona 4,207]

I think in this case you can request substitute sponsor, who can be her brother. 

[nastra30 2,285]

I think if the petitioner dies before the principal applicant has immigrated to the United States, the petition is automatically revoked. This holds regardless of whether the petition has been approved or not. However, USCIS can reinstate the petition for extreme humanitarian circumstances but beneficiary will have to initiate the reinstatement with USCIS if they have a compelling reason.

 

Unfortunately, I don't think just having a substitute sponsor will suffice in this situation.

 

Edited June 14, 2021 by nastra30

[AdamKhattab 2]

54 minutes ago, nastra30 said:

I think if the petitioner dies before the principal applicant has immigrated to the United States, the petition is automatically revoked. This holds regardless of whether the petition has been approved or not. However, USCIS can reinstate the petition for extreme humanitarian circumstances but beneficiary will have to initiate the reinstatement with USCIS if they have a compelling reason.

 

Unfortunately, I don't think just having a substitute sponsor will suffice in this situation.

 

What are the requirements for extreme humanitarian circumstances? 
 

I was afraid that a substitute sponsor wouldn’t suffice either. He has a stable income and job if that means anything. 

[SusieQQQ 11,586]

Yes, of course they must inform NVC. “Just” using a substitute sponsor does require living in the US already, as you seem to know. The bar for humanitarian reinstatement is significantly higher, you can read about it here https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement 
it is probably advisable to get an immigration lawyer experienced in these cases if you decide to go this route, to write or help write the letter/advise what evidence to include in the package/generally build the case for HR. I would suggest having the sibling file a petition as insurance in case it is not successful. We see quite a few people come here asking about this route but very few come back to report on the outcome.

 

 

Edited June 14, 2021 by SusieQQQ

[AdamKhattab 2]

16 minutes ago, SusieQQQ said:

Yes, of course they must inform NVC. “Just” using a substitute sponsor does require living in the US already, as you seem to know. The bar for humanitarian reinstatement is significantly higher, you can read about it here https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement 
it is probably advisable to get an immigration lawyer experienced in these cases if you decide to go this route, to write or help write the letter/advise what evidence to include in the package/generally build the case for HR. I would suggest having the sibling file a petition as insurance in case it is not successful. We see quite a few people come here asking about this route but very few come back to report on the outcome.

 

 

Yes. That’s why I knew a simple substitute sponsor wouldn’t work because she wasn’t in the US when her father died and neither was her child. She use to have a green card but it was revoked because she was outside the US for longer than 6 months. She does have 3 children who are US citizens and only one child is not a US citizen. At this point I think if they don’t reinstate her petition that she should just wait till her son is 21 so he can petition for her instead. It would just be faster than having her brother do it and waiting 15+ years just for it to go current instead of letting her son become 21 and petition for her. 

[SusieQQQ 11,586]

9 minutes ago, AdamKhattab said:

Yes. That’s why I knew a simple substitute sponsor wouldn’t work because she wasn’t in the US when her father died and neither was her child. She use to have a green card but it was revoked because she was outside the US for longer than 6 months. She does have 3 children who are US citizens and only one child is not a US citizen. At this point I think if they don’t reinstate her petition that she should just wait till her son is 21 so he can petition for her instead. It would just be faster than having her brother do it and waiting 15+ years just for it to go current instead of letting her son become 21 and petition for her. 

How old is the son now? Does he currently live in the US? Definitely a better option assuming he meets the domicile requirements (I’m assuming sibling will be joint sponsor if doesn’t meet income requirements).

 

Honestly, with that many USC family members I’d be inclined to give humanitarian reinstatement a try. It sounds like being able to weave a good argument is key to that hence the lawyer suggestion 

[AdamKhattab 2]

3 minutes ago, SusieQQQ said:

How old is the son now? Does he currently live in the US? Definitely a better option assuming he meets the domicile requirements (I’m assuming sibling will be joint sponsor if doesn’t meet income requirements).

 

Honestly, with that many USC family members I’d be inclined to give humanitarian reinstatement a try. It sounds like being able to weave a good argument is key to that hence the lawyer suggestion 

He’s currently 12 but I just remembered she has a daughter who is 18 so that’s a much better option. The son hasn’t been to the US since he was born but the daughter has been living in US with her father (the daughter is from a previous marriage) since she was 5. They have a pretty good relationship and speak regularly so that’s a good backup option.

 

I think I recommend she talk to a lawyer about the reinstatement on humanitarian grounds and if it fails than just have her daughter petition for her when she’s 21

[nastra30 2,285]

13 minutes ago, AdamKhattab said:

He’s currently 12 but I just remembered she has a daughter who is 18 so that’s a much better option. The son hasn’t been to the US since he was born but the daughter has been living in US with her father (the daughter is from a previous marriage) since she was 5. They have a pretty good relationship and speak regularly so that’s a good backup option.

 

I think I recommend she talk to a lawyer about the reinstatement on humanitarian grounds and if it fails than just have her daughter petition for her when she’s 21

I concur with @SusieQQQ. With that many USC children, it's worth a shot going the humanitarian route as an option. Just find a good lawyer who can draft a compelling argument with respect to that. Otherwise, adult USC children can petition for her again.

Edited June 14, 2021 by nastra30

[SusieQQQ 11,586]

25 minutes ago, AdamKhattab said:

He’s currently 12 but I just remembered she has a daughter who is 18 so that’s a much better option. The son hasn’t been to the US since he was born but the daughter has been living in US with her father (the daughter is from a previous marriage) since she was 5. They have a pretty good relationship and speak regularly so that’s a good backup option.

 

I think I recommend she talk to a lawyer about the reinstatement on humanitarian grounds and if it fails than just have her daughter petition for her when she’s 21

How old is the non-USC child? The only possible problem I foresee with the daughter petitioning her is that the category of IR5 does not allow derivatives, so if the child is still too young to be left behind there is a potential issue (she can of course petition him/her once she gets a green card but that’s another couple of years). 

[nastra30 2,285]

55 minutes ago, AdamKhattab said:

She use to have a green card but it was revoked because she was outside the US for longer than 6 months. 

How was it revoked? At point of entry?

Because I think there could have been legal avenues she could have explored if she intended to stay out of the US longer than 6 months, which could have minimized the possibility of revocation.

* Like applying for re-entry permit

* Like applying for SB-1 at Embassy

* Like I-193 waiver

* Like proving strong ties to the US

* Like seeking help of lawyer before attempting to re-enter after long stay.

Edited June 14, 2021 by nastra30

[Boiler 45,500]

Is her PD current?

[SusieQQQ 11,586]

1 hour ago, nastra30 said:

How was it revoked? At point of entry?

Because I think there could have been legal avenues she could have explored if she intended to stay out of the US longer than 6 months, which could have minimized the possibility of revocation.

* Like applying for re-entry permit

* Like applying for SB-1 at Embassy

* Like I-193 waiver

* Like proving strong ties to the US

* Like seeking help of lawyer before attempting to re-enter after long stay.

Moot argument now. What she could have done some years back is not relevant anymore, if F3 is already approved she’s obviously been gone some years

[nastra30 2,285]

3 minutes ago, SusieQQQ said:

Moot argument now. What she could have done some years back is not relevant anymore, if F3 is already approved she’s obviously been gone some years

True moot now, could be relevant in the future. Op could convey message to aunt if future situation arises. Some people are just not aware of these legal avenues.

[arken 4,197]

 

FYI another thread with similar scenarios with one positive outcome.