Petitioner died and and f2b applicant did not disclosed during interview and was approved, is this misrepresentation?

[LexieJ 44]

Not sure if this is the right forum for this, Mods please move to the appropriate spot, thanks!  So this  posted in our FB group chat, f2b applicant had interview 8/23/23 and per the one that posted the petitioner died 8/10/23 and the applicant still pushed through with the interview and was eventually approved for the visa,  the petitioner’s and joint sponsor’s information were all updated and uploaded in CEAC, applicant did not disclose the petitioner’s death nor it was brought up during the interview. So I’m guessing this is misrepresentation, right? This was at the Manila embassy. 

[Boiler 45,467]

I would put it one beyond Misrepresentation.

 

The person had no basis to acquire a Immigrant Visa.

[Crazy Cat 41,836]

Agree that the visa would not have been issued if CO had known.

 

Death of a Petitioner or Principal Applicant - U.S. Embassy in the Dominican Republic (usembassy.gov)

 

"It is unfortunate when a relative dies and we are always saddened to learn of the death of one of our petitioners or applicants.  However, the death of a petitioner or applicant can have serious consequences on the outcome of a visa petition.  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).

[Boiler 45,467]

F2b Philippines complications I have seen have mainly been where the person has married, and forgets to mention that. Really the same deal.

[Crazy Cat 41,836]

3 minutes ago, Boiler said:

F2b Philippines complications I have seen have mainly been where the person has married, and forgets to mention that. Really the same deal.

Yes.  What are the implications of this situation?  Naturalization issues, perhaps? 

Edited August 23, 2023 by Crazy Cat

[Boiler 45,467]

2 minutes ago, Crazy Cat said:

Yes.  What are the implications of this situation?  Naturalization issues, perhaps? 

The interview was today, so who knows? There can not have been a visa issued. We may be getting into ToS issues speculating.

[LexieJ 44]

Thank you @Boiler and @Crazy Cat, yes the interview was today in Manila, this is second hand information as the applicant was in another group and the one that posted in our group just shared it with us, anyway if CBP finds out about this at the point of entry can this person be refused entry? I’m thinking too that this might be brought up during naturalization.

[Boiler 45,467]

Absolutely they can be refused entry assuming they get the visa.

[SalishSea 17,818]

23 minutes ago, Crazy Cat said:

Yes.  What are the implications of this situation?  Naturalization issues, perhaps? 

Right up to denaturalization, I would think.

[LexieJ 44]

25 minutes ago, Boiler said:

F2b Philippines complications I have seen have mainly been where the person has married, and forgets to mention that. Really the same deal.

There’s a case like that in that other group but the applicant was denied because he could not get a CENOMAR.

[Boiler 45,467]

6 minutes ago, LexieJ said:

There’s a case like that in that other group but the applicant was denied because he could not get a CENOMAR.

 

We went through a spate of them, a few years back. Must admit I did not know they asked for a CENOMAR for non K1 cases, makes sense but maybe that is why I have not see any recently?

[Dashinka 24,488]

If anyone knows of this issue first hand, they can report it to the Consulate, or to DHS.

[powerpuff 6,697]

Apart from the naturalization issue, forget about ever sponsoring somebody else to immigrate to the US.
 

 

[JustBry 1]

On 8/23/2023 at 11:45 PM, Crazy Cat said:

Agree that the visa would not have been issued if CO had known.

 

Death of a Petitioner or Principal Applicant - U.S. Embassy in the Dominican Republic (usembassy.gov)

 

"It is unfortunate when a relative dies and we are always saddened to learn of the death of one of our petitioners or applicants.  However, the death of a petitioner or applicant can have serious consequences on the outcome of a visa petition.  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).

Is it possible to add a joint sponsor in CEAC in case petitioner dies?

[Boiler 45,467]

That would be a Substitute Sponsor and a different process.