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  • Substitution of deceased petitioner

    My father who is our petitioner died last May.He filed the petition in 1994 and the preference category is F2b. Recently we received a notice from the NVC informing us that they are withdrawing our case and sending it back to the INS. We have read about the "Family Sponsor Immigration Act of 2001". How can we avail of this new law? Please anyone, help.

  • #2
    My father who is our petitioner died last May.He filed the petition in 1994 and the preference category is F2b. Recently we received a notice from the NVC informing us that they are withdrawing our case and sending it back to the INS. We have read about the "Family Sponsor Immigration Act of 2001". How can we avail of this new law? Please anyone, help.

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    • #3
      Contact the INS to see if you are eligible. Sounds like you need a new petitioner that can provide a new Affidavit of Support.

      I saw this on US embassy-Manila

      Petitioner has Died - When a petitioner dies, the visa petition he/she filed for a family member is no longer valid. In certain cases the Immigration and Naturalization Service will allow another relative to take the place of the deceased petitioner (e.g. if a U.S. citizen files a F3 petition for a son/daughter and subsequently dies, INS may allow a surviving spouse to become the petitioner). Contact the INS to determine whether this is possible in your situation.If in your application and interview you attempt to conceal the petitioner's death, you will be declared permanently ineligible to enter the United States.

      Please note: If your petitioner has died and the Immigration and Naturalization Service reinstates your petitition on humanitarian grounds, you are still required to present an I-864 Affidavit of Support signed by the petitioner. The humanitarian reinstatement does NOT waive this requirement. If you are in this situation, please contact the Immigrant Visa Unit before coming in for an interview.

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      • #4
        Thanks MK. Can you give me additional information?

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        • #5
          Did you contact an INS office to see the possiblitly? Where are you located? Do you have any relatives in the US?

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          • #6
            We still have our mother here in the U.S. who is a green card holder, a sister and a brother who are both U.S. citizens.

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            • #7
              As far as I know there's no procedure on how to go about substituting a petitioner when one is deceased. That's because what we read on Family Sponsor Immigration Act of 2001 is the proposed amendment to the current law. Hopefully, when your mother who is a PR contacts the INS she can keep your petition alive and is allowed to be a new sponsor, therefore you don't have to go to the back of the line and wait.

              I'm reading again on what I posted from the American embassy website "Contact the INS to determine whether this is possible in your situation."

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              • #8
                The "Family Sponsor Immigration Act of 2001" is already a law bec. it has been already signed by Pres. George Bush Jr. on March 30,2002. Thanks KM for the advices you're giving.

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                • #9
                  Can anybody who has a knowledge about this matter
                  please come forward and help this young man.

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                  • #10
                    I am in the same boat can someone please tell me if they have been successful in getting their application reinstated.
                    Als please let me know of lawyer who has experience in this

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                    • #11
                      The link to this law is as follows:

                      http://frwebgate.access.gpo.gov/cgi-...=f:publ150.107


                      You need to contact an attorney to do this.

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                      • #12
                        There is nothing you can do as the new law is not retroactive.

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                        • #13
                          ) Effective <<NOTE: Applicability. 8 USC 1182 note.>> Date.--The
                          amendments made by subsection (a) shall apply with respect to deaths
                          occurring before, on, or after the date of the enactment of this Act,
                          except that, in the case of a death occurring before such date, such
                          amendments shall apply only if--
                          (1) the sponsored alien--
                          (A) requests the Attorney General to reinstate the
                          classification petition that was filed with respect to
                          the alien by the deceased and approved under section 204
                          of the Immigration and Nationality Act (8 U.S.C. 1154)
                          before such death; and
                          (B) demonstrates that he or she is able to satisfy
                          the requirement of section 212(a)(4)(C)(ii) of such Act
                          (8 U.S.C. 1182(a)(4)(C)(ii)) by reason of such
                          amendments; and
                          (2) the Attorney General reinstates such petition after
                          making the determination described in section 213A(f)(5)(B)(ii)
                          of such Act (as amended by subsection (a)(1) of this Act).

                          It says before such date.


                          Please suggest an attorney who can handle this

                          Comment


                          • #14
                            There are many attorneys listed in the ILW directory. Why don't you contact a few of them and see if it can be done in your situation and pursue it further.

                            Comment


                            • #15
                              I tried calling some attorneys but most of them are not even aware of the law.
                              I need to find a competent attorney too.

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