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Worried and confused

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  • Worried and confused

    What will happen to the petition my now dead father filed in 1994? I am in F3 category (married daughter of a USC), the 13 yrs and a half wait will be for nothing? Pls help, my mother is now 79 yrs old and she is currently under the care of my sister but she has a family of her own. What can we do to be reunited with our mom?

  • #2
    talk to an experienced immigration attorney regarding possible substitution of sponsor re: humanitarian reasons.


    • #3
      As far as I am aware there is no such thing. I have seen the question raised several times.

      Also not clear that there is another person who can sponsor.

      A good reason to have multiple applications running.


      • #4
        yes there is, you send a request for substitution of the original sponsor, is hard to get but not impossible, you send it to the service center who made the decision on the approval. A good immigration attorney knows about it.
        What I mean is the same petition, u need to send the death certificate the humanitarian reasons, blabla why they need to substitute the original sponsor, etc.


        • #5
          Laws are not made to be strictly in black and white. They're not meant to be cold and absolute. Shades of gray are inevitable. That's why adjudicators have discretionary options in dealing with cases. Jury system in courts is a clear manifestation. Ordinary people are made to decide, aimed at humanizing laws, despite their luster and strength.

          Depending on the circumstances surrounding the instant case, humanitarian revalidation or reinstatement may apply. Please see this:


          • #6
            Originally posted by JF2007:
            talk to an experienced immigration attorney regarding possible substitution of sponsor re: humanitarian reasons.
            Yeah, I've read about it and my sister and her american husband are trying to refile our petitions and will request to retain our priority dates. We are still mourning on our lost (father died last Dec 9 2006)and I can say he fought for dear life because of this petition. He had a quadruple bypass in 1993 and was on medication for hypertension.

            Thanks for your advice and God bless.


            • #7
              I take it back, live and learn.

              But you still need an eligible sponsor, is there one, why have they not filed?


              • #8
                My 79 year old mom won't be eligible because she has no bank account, but I have my bro in law whom I think has one. My nephew who is now a US Navy won't do? Theone, thanks for giving hope, as it is, am still confused. The years we waited to be reunited with my parents came to a standstill when dad died. Now my mom needs us more than ever. She just came home from the hospital about two weeks ago, pneumonia, anxiety etc. Btw, how much do u think Immigrant lawyers charge in a case like this?


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