F3 Visa: Petitioner died what next?

[AdamKhattab 2]

4 hours ago, SusieQQQ said:

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). 

The non-US child is 8 years old. I didn’t know that he couldn’t be a derivative. What visa types do allow a derivative

[SusieQQQ 11,586]

Just now, AdamKhattab said:

The non-US child is 8 years old. I didn’t know that he couldn’t be a derivative. What visa types do allow a derivative

All except IR ones - so this is another argument to try for humanitarian reinstatement, as that will still be F3 which allows derivatives.

[AdamKhattab 2]

4 hours 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.

I don’t think she knew all this back than. And I’m not sure if she can reapply to get her green card back. But maybe in wrong 

[nastra30 2,286]

5 minutes ago, AdamKhattab said:

I don’t think she knew all this back than. And I’m not sure if she can reapply to get her green card back. But maybe in wrong 

She can't.

[Boiler 45,501]

We can talk in the round about such a situation but they are very fact specific and we do not know what those facts are.

[AdamKhattab 2]

1 hour ago, SusieQQQ said:

All except IR ones - so this is another argument to try for humanitarian reinstatement, as that will still be F3 which allows derivatives.

Her case is at NVC and she got an invoice number. But the pay button isn’t working when I called the NVC they said that’s because her case wasn’t current but a week before her dad died they called her sister and told her sister that they needed to continue with the case before the year ended or her case would be closed. 

[SusieQQQ 11,586]

3 hours ago, AdamKhattab said:

Her case is at NVC and she got an invoice number. But the pay button isn’t working when I called the NVC they said that’s because her case wasn’t current but a week before her dad died they called her sister and told her sister that they needed to continue with the case before the year ended or her case would be closed. 

Yes, you can’t pay fees if the priority date is not current under dates for filing. Suggest you find a lawyer and start the HR application so that when she is current it is all ready to go. It sounds like these applications can take months if not a couple of years to work their way through the system.

Edited June 15, 2021 by SusieQQQ