Death of Petitioner - Section 204(l) - Relief for Surviving Relatives.

[Breezee! 0]

Hi! My grandfather (US Citizen) filled an I-130 petition for his daughter (my mother) (Married & over 21 years of age) many years ago. I was also listed on that petition (at that time I was 13, now I’m 21). Unfortunately, my grandfather died. My mother lives in South America and was not present in the US when my grandfather passed away. However, I was in the US because I’m studying here. I want to make sure I’m eligible for this relief so the petition can continue since I’m a derivative beneficiary and I was living in the US when my grandfather passed away?

 

Thanks

[jan22 3,064]

13 hours ago, Sebas1 said:

Hi! My grandfather (US Citizen) filled an I-130 petition for his daughter (my mother) (Married & over 21 years of age) many years ago. I was also listed on that petition (at that time I was 13, now I’m 21). Unfortunately, my grandfather died. My mother lives in South America and was not present in the US when my grandfather passed away. However, I was in the US because I’m studying here. I want to make sure I’m eligible for this relief so the petition can continue since I’m a derivative beneficiary and I was living in the US when my grandfather passed away?

 

Thanks

Your visa/immigration eligibility is "derived" from (hence, is a derivative of) your mother's qualification.  If she does not qualify, you cannot receive an immigration benefit.  Seeking approval for humanitarian reinstatement, which is discretionary ando may not be approved, is available only to the principal applicant (See https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement).  If approved for the principal applicant, you might benefit from it, but your mother must seek and be approved, not you.

[jan22 3,064]

Sorry -- I somehow sent the first response while trying to add the following --- since you are, obviously, per your subject line, hoping to use 204 (l), it's the most important part of the response!

 

If you are, instead, looking at Section 204(l) of the INA, derivatives DO qualify to seek relief under this section.  If you meet the USCIS definition of being a resident as described at https://www.uscis.gov/green-card/green-card-eligibility/basic-eligibility-for-section-204l-relief-for-surviving-relatives (which it appears you likely do), then the relief -- if granted -- would allow the petition to move forward, including your mother and all derivatives.  You didn't mention whether you had other family members -- LPRs  or US citizens --  living in the United States.  If not, relief under this section would not be possible, though. The requirements for a financial sponsor (I-864) remain, and only family members that are listed in the "Other Requirements" section of the above website qualify to assume this role.  

 

I'm sorry for the loss of your grandfather and hope all works out for your family.

Edited January 2, 2022 by jan22

[Breezee! 0]

Thank you very much! Yes, my grandmother is a LPR and my brother is a US Citizen (he will be turning 18 in a few months). Quick question, what would be a reasonable attorney fee to help me request this relief?