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  • Petitioner died, what is going to happen next?

    Petitioner got married and she sent the I-130 application to the USCIS back on August 17, 2007. Application was received and applicants received the notice of action. One month later after application was sent the petitioner died. My questions is, if there is any possibility to continue this case despite that the petitioner has died? Beneficiary sent a letter to USCIS to put them on notice about the fact of his wife is deceased.

  • #2
    Petitioner got married and she sent the I-130 application to the USCIS back on August 17, 2007. Application was received and applicants received the notice of action. One month later after application was sent the petitioner died. My questions is, if there is any possibility to continue this case despite that the petitioner has died? Beneficiary sent a letter to USCIS to put them on notice about the fact of his wife is deceased.

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    • #3
      Sounds like he (Beneficiary) is a lucky son of a ......

      Comment


      • #4
        how long were they married?
        how did the beneficiary entered the USA (which visa)?
        any close (in-law) relative that can be a substitute sponsor?
        any compeling humanitarian resons why should the beneficiary be allowed to stay?

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        • #5
          Beneficiary has been married for 18 months before the application was submitted. He has his in-laws relatives that may be sponsors. What he needs to do?

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          • #6
            Hello Javi

            Sorry to hear of the loss of his wife.

            Unfortunately almost every case that I have seen or that has been in the media has been denied. the petitioner cannot attend the interview, therefore basis to deny.

            There have been very prominent cases regarding this. google. I believe at least one of them got approved by a private bill.

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            • #7
              It depends. How did they murder the spouse?

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              • #8
                ur the biggest ******* in the whole world sonofmichael

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Javi:
                  Petitioner got married and she sent the I-130 application to the USCIS back on August 17, 2007. Application was received and applicants received the notice of action. One month later after application was sent the petitioner died. My questions is, if there is any possibility to continue this case despite that the petitioner has died? Beneficiary sent a letter to USCIS to put them on notice about the fact of his wife is deceased. </div></BLOCKQUOTE>
                  Take a look at the I-360 if conditional green card was not given.
                  "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                  • #10
                    Thanks to Aneri and Hudson for your help and advices.

                    Comment


                    • #11
                      This is the same as my case. My father was a USC who petitioned us, the petitioned got approved, then he died. We submitted a request last July to re-validate the petition with my brother-in-law as the substitute but until now no response. So, good luck!

                      Comment


                      • #12
                        Same type of case happen some few years ago. beneficiary fail to inform the then INS/uscis, any way the department came to know the fact that Petitioner had died and they canceled the interview.
                        The fact is that now you have no relationship with the Petitioner.
                        But one of the family member can substitute and will have to take the responsibilities of beneficiary.
                        That's what happened and they are now USC.

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Javi:
                          Beneficiary has been married for 18 months before the application was submitted. He has his in-laws relatives that may be sponsors. What he needs to do? </div></BLOCKQUOTE>

                          I think beneficiary must be married 2 years. Check out widow/widower self-petitioning on USCIS website
                          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                          Comment


                          • #14
                            "H.R. 1892 – Amended 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."

                            Above is the description of the pertinent law. But 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."

                            This is the newest USCIS memorandum that pertains to this matter. Aside from the two-year requirement of the marriage, the previously filed Form I-130 should have been approved before the petitioner's death.

                            And yet, because this law is very 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.

                            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 &gt; US Embassy/Consulate).

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

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