Update 15 months after son's Death (Merged 4X)

[Family 3,988]

1 hour ago, Family said:

I think DIL ( principal ) and all 4 children ( I-360 derivatives ) getting a NOIR /revocation. 
Although they have met the I-130 to I-360 conversion requirements , they do not qualify for sec 204 (l) benefits..because that entails the beneficiary ( DIL) resided in the US at the time of petitioner ( your son) death. 
 

This means that DIL and kids must seek Humanitarian Reinstatement .  
You have EXCELLENT grounds for approval ( from details in your post ) and should file one packer for reinstatement of entire family unit ( DIL and 4 kids ..mention your son’s little puppy for human touch ). 
 

Not sure why the AILA link I posted is not showing up ..but it is an easy read resource that walks you through the process 

 

here it is again 

 

USCIS Presentation on Approval of Petitions after the Death of a Qualifying Relative

AILA Doc. No. 13012453 | Dated February 7, 2013 | File Size: 580 K

 

https://www.aila.org/infonet/uscis-approval-of-petitions-after-relative-death

[manyfudge 285]

3 hours ago, Family said:

they do not qualify for sec 204 (l) benefits..because that entails the beneficiary ( DIL) resided i

Why do they need to rely on 204(l) benefits? Isn’t that in addition to the widow/er i130 to i360 benefits?
The slide show was a bit skimpy.

https://www.ilrc.org/sites/default/files/resources/08-21_remedies_for_loss_of_family_due_to_covid.pdf

 

There is relief for the spouse and unmarried children under 21 SEPARATE from 204(l) which requires one beneficiary to be in the US.

 

 

 

 

 

[Family 3,988]

22 minutes ago, manyfudge said:

Why do they need to rely on 204(l) benefits? Isn’t that in addition to the widow/er i130 to i360 benefits?
The slide show was a bit skimpy.

https://www.ilrc.org/sites/default/files/resources/08-21_remedies_for_loss_of_family_due_to_covid.pdf

 

There is relief for the spouse and unmarried children under 21 SEPARATE from 204(l) which requires one beneficiary to be in the US.

 

 

 

 

 

Thank you for pointing out that they need not rely on sec 204 (l) and are instead relying on ..see headline

 of link . 
 

I seem to have confused myself as well. 
 

I am not sure what grounds consulate cited  for returning  cases nor USCIS in their NOIR ..but the only way out now is to be CLEARLY point out the error . 
 

It has to be argued specific to the sec of law they relied on . ..and at least one of those attorneys that read the NOIR would have caught it . 

So I would definitely schedule interview for DIL and oldest one ..while fighting for the other 3 

 

Of course emailing consulate and pointing out the error will help

. 

 

OP can u p load the NOIR’

 

 

Section 201(B)(2)(A)(I) Allows Certain Widows Or Widowers Of U.S. Citizens To Become Permanent Residents Even When The Citizen Has Died

 

https://dyanwilliamslaw.com/2019/08/201b2ai-widower-benefits/

[Boiler 45,445]

I assumed they were returned because the Petitioner had passed, not connected with the 360

[RubysMom 7]

On 9/24/2023 at 6:27 PM, Ontarkie said:

~~Related thread merged. Please do not start more than one thread on the same or related topic.~~

I wanted to place the seperate questions where they had a better chance of being answered, Not only Filipinos become widows!

[RubysMom 7]

5 hours ago, Family said:

I think DIL ( principal ) and all 4 children ( I-360 derivatives ) getting a NOIR /revocation. 
Although they have met the I-130 to I-360 conversion requirements , they do not qualify for sec 204 (l) benefits..because that entails the beneficiary ( DIL) resided in the US at the time of petitioner ( your son) death. 
 

This means that DIL and kids must seek Humanitarian Reinstatement .  
You have EXCELLENT grounds for approval ( from details in your post ) and should file one packer for reinstatement of entire family unit ( DIL and 4 kids ..mention your son’s little puppy for human touch ). 
 

Read further to Counselor processing, 

 

Consular Processing

If you are applying for a green card from outside of the United States, you will do so through consular processing at your local U.S. embassy or consulate. If your U.S. citizen spouse had already filed Form I-130 on your behalf before their death, U.S. immigration officials would convert your Form I-130 into a Form I-360 petition. If your spouse hadn’t already filed Form I-130, you’ll have to submit Form I-360.

[RubysMom 7]

The NVC will contact you to let you know what documentation or fees you must provide. You will then have to complete Form DS-260, Online Immigrant Visa and Alien Registration Application.

 

All this was already done. They are approved for interviews already.  It was after NVC did this that the 3 kids got the Noir. It has been over a month, and nothing more on the other 2. The case is already an approved IW. I am mostly worried that they will not get the packet with the response to the Noir, and where she did state that it was planned for her and my son to care forme, as I am disabled and really need the help., They had been approved for expedite due to that.

[RubysMom 7]

On 9/24/2023 at 5:55 PM, manyfudge said:

Ah, kids! I am sorry for your loss.   I guess he thought his forever home was the Philippines.

 

I would still post on r/immigration.

 

 

Not Exactly, He was in Tampa area when his accident happened, and the family had already been approved to move forward with interviews when he passed away. He was working their new home.  The family does have a home in Subic and some farmland elsewhere, where he once tried his hand at farming.

[Ontarkie 14,217]

30 minutes ago, RubysMom said:

I wanted to place the seperate questions where they had a better chance of being answered, Not only Filipinos become widows!

The location of a thread does not change the answers. Having all questions and replies in one thread does provide the most accurate answers. Posting a new thread without all the information will not get the proper replies. Please stick to one thread as posting more than once is considered spamming.

[RubysMom 7]

1 hour ago, Family said:

Thank you for pointing out that they need not rely on sec 204 (l) and are instead relying on ..see headline

 of link . 
 

I seem to have confused myself as well. 
 

I am not sure what grounds consulate cited  for returning  cases nor USCIS in their NOIR ..but the only way out now is to be CLEARLY point out the error . 
 

It has to be argued specific to the sec of law they relied on . ..and at least one of those attorneys that read the NOIR would have caught it . 

So I would definitely schedule interview for DIL and oldest one ..while fighting for the other 3 

 

Of course emailing consulate and pointing out the error will help

. 

 

OP can u p load the NOIR’

 

 

Section 201(B)(2)(A)(I) Allows Certain Widows Or Widowers Of U.S. Citizens To Become Permanent Residents Even When The Citizen Has Died

 

https://dyanwilliamslaw.com/2019/08/201b2ai-widower-benefits/

Thank You, I am going to call them immediatley.  Gotta get passport #s from my notes...they ask for that for some reason.  I do think there is a goof up somewhere. It was my senator who even found out that the case was already converted and they were waiting for her to make appointments.  There is one who turned 21, but they said his age was frozen at 17 when we first started this.  All 3 of the 4 lawyers had copies of the Noir and were aware it was because my son passed. But they all said the IW! cas would over ride it, one atty that I wanted to hire said, she was not needed unless they were denied at interview for some reason

 

[Family 3,988]

4 hours ago, RubysMom said:

Thank You, I am going to call them immediatley.  Gotta get passport #s from my notes...they ask for that for some reason.  I do think there is a goof up somewhere. It was my senator who even found out that the case was already converted and they were waiting for her to make appointments.  There is one who turned 21, but they said his age was frozen at 17 when we first started this.  All 3 of the 4 lawyers had copies of the Noir and were aware it was because my son passed. But they all said the IW! cas would over ride it, one atty that I wanted to hire said, she was not needed unless they were denied at interview for some reason

 

Your challenge now is to get them an interview and force a consular decision . 
I know it’s a costly venture but must be done. 
You should also ask Senator office to insist NOIR was issued in error ..but I encourage you to read it carefully and look for section of the law the notice contains as basis for revocation

AND because fluent ( memorize ) section of the law that covers them

. Print out the resource and include it in your communication w them ( consulate or senators Liason ). Try to fight this battle via emails for a written record ..so even if you make calls , do a follow up email . 
 

If NOIR is so blatantly wrong , email Legalnet as well 

 

https://fam.state.gov/fam/09FAM/09FAM010304.html

 

 

[Family 3,988]

I am inclined to believe Senators office update means the error was straightened out and all you need is to focus on getting them all to the interview .  
Good luck and God Speed.