Passing of petitioner: encountered a setback

[Nilaga 0]

We painstakingly gathered and completed all the necessary documentation for our F3 visa application. Embarking on our journey to the US, we held high hopes for a smooth immigration process. This brought us to the US Embassy for the eagerly awaited visa interview. Regrettably, the outcome did not align with our expectations; our visa application encountered a temporary setback under section 221(g) of the INA. The accompanying refusal letter explained that our petition would be returned to the USCIS for further processing. This hurdle arose from a heart-wrenching circumstance - our family's petitioner and my mother passed away during the COVID-19 pandemic. While our application had been accepted at that time, it was subsequently put on hold due to pandemic-related disruptions. It is only recently that we have been able to recommence the process, driven by a steadfast determination to see it through.

 

Prior to my mother's passing, we had a joint sponsor in place: my sister, a US citizen currently residing in the country. In the wake of the refusal, my sister has been instrumental in helping us appeal the situation, offering invaluable support and guidance. She has dispatched the necessary documents to the USCIS in Chicago via postal services, marking the initial step towards a potential resolution. Our current strategy involves positioning my sister as the new petitioner through a humanitarian reinstatement, a move we believe holds promise.

 

Given our circumstances, we are eager to explore any available options. Is there any further action we can take, or should we await updates? If you have any additional questions or insights, please feel free to share. Your input is greatly appreciated. We extend our gratitude for your support and understanding during this challenging time.

[JeanneAdil 6,404]

If your sister is a USC,  she can apply for you but you can not change petitioners on the F3 that your mom did

unless there is evidence of the following rules that would allow it

 

In the past, a petition could not be approved if the petitioner died while the petition remained pending.^[1] In 2009, Congress addressed this scenario with a new statutory provision, INA 204(l).^[2] This provision gave noncitizens the ability to seek an immigration benefit through a deceased qualifying relative in certain circumstances.

An officer may approve an adjustment application, certain petitions, and related applications adjudicated on or after October 28, 2009,^[3] if: 

• The applicant resided in the United States when the qualifying relative died;

• The applicant continues to reside in the United States on the date of the decision on the pending application; and 

• The applicant is at least one of the following:

  • A beneficiary of a pending or approved immediate relative immigrant visa petition;

  • A beneficiary of a pending or approved family-based immigrant visa petition, including both the principal beneficiary and any derivative beneficiaries;

  • Any derivative beneficiary of a pending or approved employment-based immigrant visa petition;

  • The beneficiary of a pending or approved Refugee/Asylee Relative Petition (Form I-730);

  • A person admitted as a derivative T or U nonimmigrant; or

  • A derivative asylee.^[4]

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9

 

So very sorry for your loss

 

the October visa bulletin will give you an idea of the wait time for the F4 visa

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-october-2023.html

[Boiler 45,022]

I had a look at past posts and nothing there to help clear up the matter.

 

I was wondering how the Consulate found out, why you went to the Interview, did the Medical etc.

 

I would not try Reinstatement without a Lawyer.

[Chancy 6,239]

6 hours ago, Nilaga said:

positioning my sister as the new petitioner through a humanitarian reinstatement

 

I think you mean that your sister will (hopefully) be your substitute sponsor through humanitarian reinstatement.  Only your parent can be your petitioner for an F3 visa case, and sibling petitioner means an F4 case.