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FAMILY PETITION (Petitioner Deceased)

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  • FAMILY PETITION (Petitioner Deceased)

    My Grandmother (father side) who is a US Citizen petitioned my Dad and Mom in 1986. Approved in 1994 but my grandma passed away in 1995. Visa numbers bacame available in 1997 however since my dad already have a tourist visa he waived the petition saying my grandma passed away and didnt go to the interview, biometrics etc in the US Embassy.

    Question: Am I grandfathered under 245i?

  • #2
    My Grandmother (father side) who is a US Citizen petitioned my Dad and Mom in 1986. Approved in 1994 but my grandma passed away in 1995. Visa numbers bacame available in 1997 however since my dad already have a tourist visa he waived the petition saying my grandma passed away and didnt go to the interview, biometrics etc in the US Embassy.

    Question: Am I grandfathered under 245i?

    Comment


    • #3
      Maybe yes, maybe not, because you forgot to give your birth year. That's a critical info.

      Comment


      • #4
        born in 1980

        under the petition filed by my grandma, my name isn't there, is that ok?

        pls advise. thanks!

        Comment


        • #5
          yes you're grandfathered, but you should be on US soil, out of status, to benefit from such coverage.

          (Just an off-hand opinion, not a legal advice).

          Comment


          • #6
            yup in us soil. tnx for your input.

            quick question, on the petition filed by my grandma for my mom and dad under F3 Married Sons & Daughters of US Citizen. Name of the children are not included. Is that ok? Am I still eligible?

            Comment


            • #7
              Useless discussion this. If the sponsor deceases, the petition is no longer valid.

              Comment


              • #8
                TEMPLAR,

                READ provisions of 245i!

                You are useless...

                Comment


                • #9
                  Hi veryscarycat,
                  I found this on the Department of State website
                  Q: Am I still eligible for immigration if the original petitioner has died?
                  Typically, when the visa petitioner dies, the approved I-130 petition originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a "substitute sponsor".

                  The Act allows the substitution of an alternative sponsor if the original sponsor has died and the Attorney General has determined that the petition should not be revoked for humanitarian reasons. The substitute sponsor must be a U.S. citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and resident in the United States. The substitute sponsor must also be related to you as one of the following: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. As in the case of other sponsors, the sponsor must maintain an annual income equal to at least 125 percent of the Federal Poverty Guidelines.

                  As far as 245i, I think you're covered, but 245(i) will allow the alien to apply for adjustment of status even if the alien entered the U.S. without inspection, was out of status, or violated the terms of his of her non-immigrant status. The alien still needs to meet other requirements for adjustment of status to obtain a green card. The 245(i) only lifts three of the bars in the adjustment of status process.

                  SO it looks like you're able to adjust your status one way or another.

                  I know it's a lot of information, but I hope it helps. Good luck!

                  Comment


                  • #10
                    thanks a lot herbit! i appreciate it.

                    we're in the process of filing HUMANITARIAN REVALIDATION. hopefully the USCIS judge grants the petition. i posted my question just to know if im covered eventhough my name wasn't on the original petition.

                    I think per rough neighbor, since i was under 21y/o, im considered as a derivative dependent.

                    FYI TEMPLAR.

                    Have a good day!

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by veryscarycat:
                      TEMPLAR,

                      READ provisions of 245i!

                      You are useless... </div></BLOCKQUOTE>
                      Life Act (245i) mainly deals with the adjustment of status for those who are ineligible for AOS due to 3/10 bar. I don't know what made you think it has anything to do with you.
                      http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1____

                      Read Herbit's post above. The original petition for you (rather for your parents) is already revoked. You have to reinstate by finding a new sponsor, and even then your parents have to get a special permission from attorny general for a humanitarian reason. Feel free to guess what is the chance of that happening

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by veryscarycat:
                        FYI TEMPLAR.

                        Have a good day! </div></BLOCKQUOTE>
                        I am having a good day. The real question is, are you having a good day as you are about to find out. I just realized that you wrote your father didn't show up for the interview. In that circumstance, I-130 stays valid for one more year from that point and gets automatically revoked. You'd better first check if you even got an I-130 to reinstate.

                        Comment


                        • #13
                          Hey Veryscarycat,
                          Do you guys have a lawyer? Your case sounds a little complicated with the aging out and the passing of your grandmother. I hope this doesn't sound rude because I'm not trying to be but, what do you mean your name is not on the petition? With my case, I was the dependent. My I-130 was approved when I was 15, but my name was on the petition. I hope the judge grants your revalidation.

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by veryscarycat:
                            thanks a lot herbit! i appreciate it.

                            we're in the process of filing HUMANITARIAN REVALIDATION. hopefully the USCIS judge grants the petition. i posted my question just to know if im covered eventhough my name wasn't on the original petition.

                            I think per rough neighbor, since i was under 21y/o, im considered as a derivative dependent.

                            FYI TEMPLAR.

                            Have a good day! </div></BLOCKQUOTE>

                            Hey hey hey there, you're on a public forum and blowing your top so easily is uncalled for. ... you said humanitarian revalidation, c/o Atty. Garfinkel? (I'm just guessing).

                            You have two main concerns, right?

                            Whether you're covered (grandfathered) by Section 245(i) based on the qualifying I-130 petition filed by your grandmomma for your daddy, of which I'm 100% positive, you being a (minor) dependent of the principal grandfathered alien (your daddy) when the petition was filed before January 14, 1998.

                            And your other concern is that your name wasn't included in the original petition. This section of the act is not that harsh by the way. You just have to prove that you're really your dad's child, a copy of your certified/authenticated Birth Certificate will do.

                            Why am I so confident about this? Well, it's one of the provisions itself that satisfied this burden that goes: "Provided that the qualifying submissions were approvable when filed, timely, and meritorious in fact." Moreover, I have first-hand knowledge of a number of successful cases with exactly the same circumstances as yours.

                            But coverage is just coverage so much so that the "destiny" of the I-130 that we're talking about here is up in the air. Reinstatement of an immigrant petition by a deceased petitioner is highly discretionary. But that's another topic.

                            If, as you implied, you and your father are in the US you still have to take another immigrant option (employment-based or religious) in order that your 245(i) coverage can kick in. You just have to pay $1000 fine and fill out the corresponding form I-485A.

                            Yet as I always say, this is just an opinion – take it or leave it.

                            Comment


                            • #15
                              ROUGHNEIGBOR.

                              of all the comments posted in this discussion, you're the only person who understands 245i. grrr! aside from HERBIT, thanks dude!

                              Yes, im with Atty. Michael Gurfinkel. so if TEMPLAR is trying to challenge my lawyer's ability then ill just say WTF do you knw! haha!

                              Thanks guys (Roguhneigbor & Herbit)!

                              Templar - go home and eat potato.

                              Comment

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