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  • humanitarian reinstatement

    is this a possible to have a family based petition reinstated even if the petitioner has died? what are the requirements?

  • #2
    is this a possible to have a family based petition reinstated even if the petitioner has died? what are the requirements?

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    • #3
      ... depends on some circumstences
      you may start researching here: http://travel.state.gov/visa/laws/te...rams_1396.html

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      • #4
        Should we file form I-864 together with the request for revalidation? or submit it after the petition is revalidated/approved? Thanks.

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        • #5
          Definitely. That's the key information in the whole "humanitarian revalidation" process - to demonstrate the "substitute" sponsor's capability and willingness to assume the responsibility of assuring the US government that the alien beneficiary won't be a public charge.

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          • #6
            The completed Form I-864 should be submitted together with the request for petition revalidation, I mean.

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            • #7
              Is it not too early for I-864 since the priority date of the petition is not current yet? We are working on the request to revalidate at this time.

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              • #8
                "H.R. 1892 "” To amend the Immigration and Nationality Act to provide for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor's classification petition should not be revoked." This is the description of the pertinent law.

                Before the passage of H.R. 1892 on March 13, 2002, there was this doctrine for family-based petitions: "the petition dies with the petitioner."

                And yet, because this law is still young, it's still not mean tested and very highly discretionary. If all other petitions or applications have 50-50 chance of approval, a humanitarian revalidation/reinstatement request could be around 20-80 batting average, where 20 is the approval rate.

                Being so, you have to be very, very careful in preparing your documentation packet. The more merits that you can show, the better.

                The law specifically states that the substitute sponsor should demonstrate sufficient income to account for 125% of the poverty line per household size and willingness to do so under oath. How can he or she do this without Form I-864?

                For sure the same Affidavit of Support will be required from the substitute sponsor once the "approved I-130 petition where the petitioner died" has been reinstated and the normal processing resumed (NVC > US Embassy/Consulate).

                But you need a highly competent immigration practitioner to guide you all through out this process.

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                • #9
                  I have a lawyer but i am not sure how competent. We submitted the request for revalidation last july with only a signed affidavit from my brother-in-law (a practicing doctor)that he is willing to become a substitute sponsor, not using form i864. how long usually do we hear from them?

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                  • #10
                    Can it still be helped? Should we submit an i864 as an additional document supporting the request? As i said the request was already sent last July. thanks.

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                    • #11
                      I have a lawyer but i am not sure how competent



                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">But you need a highly competent immigration practitioner to guide you all through out this process. </div></BLOCKQUOTE>


                      Check with your lawyer and question him about the i-864 not being submitted. If he thinks that is not necessary.. then take rough neighbors above advice.

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                      • #12
                        Well the lawyer said we did not submit i864 together with the request for revalidation because we are not changing status. Priority date is not current yet. Don't know if that is a good reason. appreciate any comments. Thanks.

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                        • #13
                          Would it hurt this pending request if we file I864?
                          Do have to wait for INS to require this or can this be done anytime? My brother-in-law, who will be my substitute sponsor, is retiring and his financial situation might change that's why I want to know if it is advantageous to file the I864 now while waiting for the priority date to get current? After all, they have been providing for us already.

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                          • #14
                            Aloha - I haven't heard much about the process (not many applicants, and those who asked questions here and then acted, never came back to let the others know how it works..)
                            However, I am pretty sure that if you submit Affidavit now, and your PD becomes current in a year or more, a sponsor will be asked to update the finacial information (submit latest tax report ...). I think you may want to take that into the consideration...

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                            • #15
                              If the PD becomes current in a year and we submitted an I864 now, are we still required to submit an updated i864 together with other documents to change status? Not that he will be without income when he retires (my substitute sponsor), he will have his retirement income. But if the PD becomes current at the time when he is transitioning to retirement status, I am afraid it might cause delay.

                              As I said would it negatively impact the pending request for reinstatement if we submit i864 now as an additional supporting document? My lawyer thinks it is not necessary but it never hurts to ask for a second opinion.

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