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  • Petition for Siblings Continuance

    Can anyone help me? My mom petitioned my adult siblings about 15 years ago when they were in their early 20s. She passed away 5 years ago.
    My questions are:

    1)Are the petitions now VOID or can I, their youngest sibling (now a US Citizen) continue the petition? (My 2 brothers are married with children but my sister is not but has children).
    2) What forms should I fill out?

    I hope someone can help me with this...I totally appreciate it.

  • #2
    Can anyone help me? My mom petitioned my adult siblings about 15 years ago when they were in their early 20s. She passed away 5 years ago.
    My questions are:

    1)Are the petitions now VOID or can I, their youngest sibling (now a US Citizen) continue the petition? (My 2 brothers are married with children but my sister is not but has children).
    2) What forms should I fill out?

    I hope someone can help me with this...I totally appreciate it.

    Comment


    • #3
      I wish i could help you, have to called uscis to find out if your options, or consulting a lawyer.

      Comment


      • #4
        I have not contacted the USCIS or a lawyer. Can't afford a lawyer and it's hard to get in touch w/ someone at the immigration office. I just want to know if I can just fill out a new application form or find out a little more information regarding this situation. It's so complicated and I would like to continue being that so much time was already wasted waiting to get my family together here in the US.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by rsb711:
          1)Are the petitions now VOID or can I, their youngest sibling (now a US Citizen) continue the petition? (My 2 brothers are married with children but my sister is not but has children) </div></BLOCKQUOTE>

          Gosh, why did you wait 5 years to begin looking into this?

          You need to contact a qualified immigration lawyer.

          As a layperson's interpretation, typically once the petitioner dies, the petition is void. However, there are some circumstances where a beneficairy can receive the visa. I believe it depends on whether the family preference petitions had been approved prior to the petitioner's death, and also on USCIS' discretion not to revoke the petition on humanitarian grounds.

          If the petitioner dies, USCIS in its discretion may determine that revocation (of a formerly approved petition) would be inappropriate for humanitarian reasons.
          The 9th Circuit has explicitly held that the humanitarian exception cannot apply unless there has been an approval. Dodig v. INS, 9.F3d 1418 (9th Cir. 1993).

          "When there has been no approval prior the petitioner's death, it is imperative to demonstrate extremely egregious factors for a court to creatively apply the humanitarian exception in the beneficiary's favour."
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment

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