VISAtisfied Voyager’s immigration wizard protects you from the evils of wrong information
My U.S. citizen father filed a visa petition for me, my husband, and our two minor children in 1998. My priority date was September 15, 1998 (the date my visa petition was filed). The visa petition was approved, but we still had to wait for the priority date to become current for processing. On August 11, 2008, while we were still waiting for my priority date to become current, my father died. What will happen to my petition? Is there any chance left that my family and I can still immigrate to the U.S.?
Ma. Saya D. PagAsa
Ma. Saya emailed her question to VISAtisfied Voyager, hoping for a positive response from Vizard. Unbeknownst to her, Lord Visamort hacked into her system and obtained a copy of her email. A few moments later, she received this INCORRECT response:
Dear Ma. Saya,
I regret to inform you that your visa petition died with your father. Unfortunately, your petition will be revoked immediately! Therefore, a new visa petition must be filed on your behalf. But don’t lose hope. For a very minimal fee, we can discuss your options and I can provide you with more information on the matter. Email me right now if you are interested.
Lord Visamort, Esq.
Ma. Saya was about to contact Lord Visamort when, fortunately, she received this CORRECT response from Vizard:
Dear Ms. PagAsa,
Although by law a family-based petition like yours is automatically revoked upon the death of the petitioner, the U.S. Citizenship and Immigration Services (USCIS) can reinstate the visa petition (Form I-130) even after the petitioner dies and allow the beneficiary to continue the process for an immigrant visa, if USCIS finds that the revocation would be inappropriate for humanitarian reasons.
To benefit from this, you need to have a substitute sponsor (a Legal Permanent Resident or a U.S. Citizen) request USCIS for humanitarian reinstatement of your previously approved I-130 visa petition. If your substitute sponsor meets USCIS requirements, your visa petition will be reinstated and assigned the same priority date of September 15, 1998. Once your priority date becomes current for processing, the National Visa Center will contact you and your substitute sponsor regarding completion of documentary requirements.
I hope this information has been helpful to you, Ma. Saya.