If Petitioner die

[Zann 0]

Hi,

My father submit petition for me and my family in 2006 and was approved in 2008 and then my priority date available and my interview done 21th Feb 2020 after my interview they need more time for make decision and after 1 1/2 week later send me letter that send all passport to Montreal consulate in the meantime covid pandemic start and consulate down . In Feb 2021 when my interview near expire I send passport for further process in may 2021 they send me letter that send again me and my husband medical and finger prints.I send it in June. They send me letter again that send your son medical and fingerprint(remember when they asked me and husbands medical and fingerprint they didn't asked anything for my son) and write that your visa is) ready to issues.Finally on 16th Aug 2021 they confirm that they received my son medical. Last week my father died  and he is main petitioner but my financial sponsor (Someone else submit I-864) is another person.What is the impact on my application? I didn't received my visa yet and I keep asking that issues my visa but they waiting for my son medical.Can so one help me on this question

[HRQX 4,145]

12 minutes ago, Zann said:

I didn't received my visa yet

You now need the petition to be reinstated before travelling to the US: https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement "Humanitarian reinstatement is a discretionary benefit. Exercising discretion means we compare positive factors against negative factors to make a decision. In addition to meeting the basic requirements for humanitarian reinstatement, your request must warrant a favorable exercise of discretion, meaning that the “pros” in granting your request outweigh the “cons.”"

[Zann 0]

Thank you so much for your reply but I have situation my mother is very and I need to cross as soon as my passport and visa receive, can I apply this reinstated application when I cross the border ?.

[HRQX 4,145]

20 minutes ago, Zann said:

can I apply this reinstated application when I cross the border ?.

No. By law the petition is automatically revoked and must now be reinstated before you enter the US: https://fam.state.gov/fam/09FAM/09FAM050402.html "A petition automatically revoked, due to the death of the petitioner, may be reinstated by USCIS if you believe that special humanitarian consideration warrants reinstatement. If the beneficiary is related to the deceased petitioner in any other way other than by marriage, the petition should be returned to USCIS with a notation regarding a recommendation for humanitarian reinstatement clearly stated on the return memo. The determination for reinstatement is made by USCIS."

[Zann 0]

but my question still remain or I don't understand fully. The other person is  a joint sponsor and submit I-864 and take financial responsibility not my father and I'm Canadian citizen(Canadian citizen do need visa) do i need to inform USCIS for death of my father?. I don't have time to inform USCIS and wait for their response because of my mother health situation 

[HRQX 4,145]

59 minutes ago, Zann said:

do i need to inform USCIS for death of my father?.

As the official FAM link above says you'll notify the embassy and they'll return the petition "to USCIS with a notation regarding a recommendation for humanitarian reinstatement clearly stated on the return memo." You'll then follow-up with the USCIS Service Center via mail; "The determination for reinstatement is made by USCIS."

 

Failure to do so is grounds for removal from the US and even if you somehow get passed the naturalization process then per US law the govt can (and usually does) pursue denaturalization proceedings.

Edited August 31, 2021 by HRQX

[SusieQQQ 11,586]

1 hour ago, Zann said:

but my question still remain or I don't understand fully. The other person is  a joint sponsor and submit I-864 and take financial responsibility not my father and I'm Canadian citizen(Canadian citizen do need visa) do i need to inform USCIS for death of my father?. I don't have time to inform USCIS and wait for their response because of my mother health situation 

The petitioner is not (always) the same as the sponsor. The petitioner is the one that has the qualifying family relationship allowing the petition to be approved. If the petitioner has passed away there is a process to go through to allow the petition to continue, it is not just about the finances. You can’t say you “don’t have time to inform uscis”, if you try simply go for your visa interview without telling them beforehand that the petitioner had passed away you will just be denied at the interview. If you try to lie about it you may get permanently banned from the US. 
 

From one of the US embassy websites:

 

If the petitioner dies before the principal applicant has immigrated to the United States, the petition is automatically revoked.  This means the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS).

If there are compelling humanitarian circumstances, the applicant may contact directly the DHS office that approved the petition to request that it be reinstated for humanitarian reasons.  Under certain circumstances, a consular officer may also recommend that DHS reinstate the petition. If DHS reinstates the petition, the consular officer will contact the applicant(s) soon thereafter.

Please note that if the petitioner dies, providing documents from an alternate sponsor on the day of the interview will not reinstate the petition.  In order to proceed with the case, we must receive notice from DHS stating the petition has been reinstated.

Edited August 31, 2021 by SusieQQQ