Death of a Petitioner (IV)

VIZARD’S CORNER

VISAtisfied Voyager’s immigration wizard protects you from the evils of wrong information 

Dear Vizard,

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.?

Sincerely,

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.

Yours truly,

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.

Sincerely,

Vizard

40 thoughts on “Death of a Petitioner (IV)

  1. I was particularity interested in the article since I will expire before my wife will be able to petition. Since my son, is a U.S. citizen and a minor, his mother will have to accompany him to the U.S. I would be interested in facts surrounding this situation. They would fall under parts of this situation, since it would not be correct for my minor child to go unaccompanied to the U.S. My daughter is a single mom with two children and would be difficult for her to take care of a third child.

    • In general, aliens intending to work or live in the United States must have a relative, fiancé(e), or potential employer file a visa petition with the U.S. Citizenship and Immigration Services (USCIS) office on their behalf. The USCIS must first approve the visa petition before an immigrant or a fiancé(e) nonimmigrant visa application can be considered.

      Detailed information on immigrant visa petition procedures and on the multi-step process to become an immigrant based on family is available at the following websites:

      (1)http://manila.usembassy.gov/wwwh3202.html
      (2)http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0775667706f7d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

  2. We have the same case before i dont know if we can still use it tho but yeah ours case was approved in year 1998 and it was delivered to us a year after our so grandmother ( the petitioner ) died so we kinda hoped before that the national visa center might give considerations for our case coz we think thety should have been notified about my grandmas death and they shouldnt have sent us the approved papers so it didnt made us think it will happen but yeah i thin k they could have approved it but maybe our relatioves was kinda thinking that we are 5 people to support so they dropped the sponsoring part sad tho

    • The U.S. Citizenship and Immigration Services (USCIS) exercises exclusive jurisdiction over requests for humanitarian revalidation of the approval of a petition. You or your representative in the U.S. may wish to contact the USCIS National Customer Service Center at 1-800-375-5283 regarding the matter.

  3. Gentlemen:

    In connection with the above, I was petitioned single by my mother last May 1988 got married January 1990 and widowed April 1990. I received my approved petition maybe 1995-1996. I haven’t received any feedback after I submitted all the required papers. I just called the embassy and was informed over the phone that my papers was forwarded to your office in USA for its no longer valid since I got married even if am already single again when the approval reached me.

    My mother is now back in the Philippines for almost 15 years and I refused to be petitioned again for the waiting time is too loong. I wonder if my four (4) sisters who are all U.S. Citizens can be my substitute sponsors and request USCIS for humanitarian reinstatement of my previously approved petition and be assigned the same priority date?

    Wow, if ever, I won’t be having problem to try to get a tourist visa for my daughter for I wanted to take her with me to visit my family in your country. :)

    • Public Law 107-150 permits the substitution of a sponsor for the Affidavit of Support (Form I-864), but the U.S. Citizenship and Immigration Services (USCIS) must first revalidate the approval of the petition for humanitarian reasons before this would become necessary.

      The USCIS exercises exclusive jurisdiction over requests for humanitarian revalidation of the approval of a petition. You or your representative in the U.S. may wish to contact the USCIS National Customer Service Center at 1-800-375-5283 regarding the matter.

      • Dear Admin:

        Thank you so much for the prompt reply. I pray that all these will come out in a positive way.

        God Bless Us. :)

        • Dear Admin:

          Please be informed that my sister, a US Citizen, who is supposed to be my substitute sponsor (in lieu of my mother who is now living in the Philippines) contacted the USCIS National Cutomer Service Center about the requests for humanitarian revalidation of my approved petition, relayed to me the following feedback:

          USCIS said that the only way you can get the visa reinstated for humanitarian reasons is when the petitioner passed away before you were able to get permanent resident status.

          And when she asked for some other way that will help me she was told to tell me to talk to a US Embassy Consulate.

          Although my case is different from Ms. PagAsa, I am expecting that the same law is also applicable to my case.

          Any additional input from your good office will be highly appreciated.

          Thank you and Mabuhay. :)

          • We understand that your mother, who petitioned you, is living in the Philippines and currently unable to return or travel to the United States.

            Under Section 213A(f)(1)(C) of the INA, the petitioner, as sponsor, must be domiciled in any of the states of the United States, the District of Columbia, or any territory or possession of the United States. The Embassy has no legal authority to waive this requirement. The domicile requirement that the petitioner/sponsor is maintaining his primary residence in the United States or a U.S. territory is related to the public charge provision of law.

            Although other family members may assume joint legal responsibility with the petition as co-sponsors of the intending immigrant, the petitioner must still provide the required financial documentation and sufficient proof that she has established domicile in the U.S.

  4. THANK YOU! Very informative…

    To all: May the peace of God be with all of you, even in these days.
    MAY YOUR EVERY WISH, BY THE GAREC OF GOD, COME TRUE!
    God bless!

  5. “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.”

    My question is if you have a brother or your mother, can they sponsor you?

    • If your brother or mother is a U.S. Citizen or Legal Permanent Resident, they should contact USCIS to see if humanitarian reinstatement is a possibility with one of them as substitute sponsor.

  6. I wonder about those who were petition by relatives and got an approval. But the wife is annulled to the husband, it was the parents of the husband who did the petition. Will the wife (now ex) still be valid to apply as an immigrant? also how about their children? Are they still qualify to immigrate?

    • Regretfully, the former spouse is no longer eligible to derive immigration benefits from the petition filed on behalf of the principal beneficiary as the marriage between the two parties no longer exists. Under U.S. immigration law, when a marriage is annulled, any immigration benefits as a spouse terminate. An unmarried child (below 21 years old), is eligible to derive immigration benefits from the principal beneficiary, under a family-preference or employment-based immigrant visa petition. The children may either apply for a visa together with the principal beneficiary or may opt to follow-to-join on a later date.

    • thank you very much for your reply on this matter. It will be a great help. If the ex wife will apply for a tourist visa this year, will that affect her tourist application since there was an existing petition to her before???

      • Anyone can apply for a tourist visa, even if they have an existing IV petition. The consular officer who interviews her will be evaluating her ties to the Philippines. Whether or not she is issued a tourist visa depends upon her personal circumstances.

  7. yes its true,i was able to come here as a visitor even if i have a pending petition by my us veteran father,but unfortunately had passed away and ,our priority date was supposedly 1993-but then my sister is willing to support me and seek a humanitarian revalidation- so i can stay with her-

  8. my dad who is our petitioner passed away early this year.my brother who still in the Philippines was affected by retrogression last year.,since then our sister who is a US citizen is my dad ‘s co sponsor.do he (my brother) needs to undergo humanitarian revalidation since in the beginning he has my sister as my dad’s co sponsor? your immediate reply is highly appreciated.thank you very much!

    • Our sincere condolences on the death of your father. By law, a petition is automatically revoked upon the death of the petitioner; however, U.S. Citizenship and Immigration Services (USCIS) may reinstate such a visa petition if the revocation is judged to be inappropriate based on humanitarian considerations. To benefit from this, you should submit a copy of your father’s death certificate to the National Visa Center to enable them to update their records of the case. The NVC mailing address is 31 Rochester Ave. Suite 100, Portsmouth, NH 03801-2914 (Attn: CMR). Public inquiries may also be sent by email at NVCInquiry@state.gov. NVC’s telephone number is (603) 334-0700.
      Your representative in the U.S. may wish to contact the USCIS National Customer Service Center toll-free at 1-800-375-5283 for the reinstatement of the visa petition.

      • My f3 catagery file by my father in lalw now he is died my mother in law in usa he is greencard holder there is possible our file continue

        • Under U.S. immigration law, the death of the petitioner before the beneficiary’s admission to the United States results in the automatic revocation of the petition and the loss of the beneficiary’s priority date obtained on the basis of that petition.

          Public Law 107-150 permits the substitution of a sponsor for the Affidavit of Support (Form I-864), but the USCIS must first revalidate the approval of the petition for humanitarian reasons before this would become necessary.

          You or your representative in the U.S. may contact the USCIS National Customer Service Center by telephone at 1-800-375-5283 regarding this matter.

  9. Hi,i would like to ask what if my father was petition by my grandmother and my grand mther died lst 2003 and my aunt reinstatd it for hmanitarian reasn..the petition filed was a family petition f3 ctegory (if im right).although im a derivative of my father im overage 31y/o,single.am i stil included in d petition?it wil affect if i apply for a tourist visa for examinatn only?hope u adres my problem.tnx a lot

    • Thank you for your interest in the VISAtisfied Voyager.

      Under U.S. immigration law, when a derivative beneficiary marries or turns 21 years old, any immigration benefits as a “child” terminates.

      The Child Status Protection Act (CSPA) may provide relief to certain applicants who aged out. The eligibility of an applicant for age-out relief under the Child Status Protection Act (CSPA) may be determined only at the time a visa application is adjudicated by a consular officer.

      For additional information about the CSPA and how it may apply in your case, you may wish to visit the Embassy’s website at http://manila.usembassy.gov/wwwh3228.html

      For your question regarding non-immigrant visas, you may send an email to ConsManilaNIV@state.gov.

  10. Hello,

    First I’d like to commend the admin for coming up with this very interesting topic.

    I would like to ask several concerns in our case. Here’s the story: Year 2003 when our father (principal sponsor) applied for an immigration petition for a family of 6. Our priority dates (if I’m not mistaken is June 2007 for an F2 category; and 2008 for the rest). Two of us are children below 21 y/o and since that’s the case we have submitted the DS-230 form and we’re about to wait for our medical and interview. Sadly, our father died from cancer in year 2010.

    Months after, we have consulted an attorney and applied for a humanitarian reinstatement and all necessary papers informing the NVC about our case was submitted. My questions are:

    1] How long (years) will it take to reconsider our case after submitting the humanitarian reinstatement?

    2] Do I still categorized under F2-A (below 21) if my age to date is 24 y/o? I’m 21 y/o when we have submitted the DS-230 form.

    3] I am planning to apply for a tourist visa to have vacation. Purposely I want to have at least have a short time to be with my 67-y/o mother, as she recently diagnosed of having hypertensive emergency. Do I qualify to apply for a tourist visa and what’s the probability of granting it? Anyways I am recently enrolled in my masters degree, and having a full time job. Also, I am a recipient of a scholarship program, which after graduation in my masters, the sponsoring school is to be paid in service. I don’t have a sufficient money to use while on vacation but my US -Citizen sister is willing to provide an affidavit of support.

    I deem my case very complex, and I’m much doubtful what steps to be done. Please help me, and your response as to this concern is deeply appreciated. Thank you!

    Rowel

    • Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog. To enable us to be more responsive to your inquiry, please send an e-mail to IVManilaReplies@state.gov with the applicant’s complete name and case number clearly indicated.

  11. my friend filipina got married to a american citizen then the guy american file a petition for my friend but the american died after months of marriage what will happen to the petition is there anyway to continue it? or is there filing of a widowed wife

    • Thank you for your interest in the VISAtisfied Voyager. For specific information regarding your visa case, we request you to send an email to IVManilaReplies@state.gov with your complete name, date and place of birth, and the 10-digit visa case number clearly indicated.

  12. I finished waiting for my priority date (1995) and just waiting for an available visa when my father unfortunately passed away. Now, it’s already more than 2 years since my case has been under the Humanitarian Re-validation. My question are: what is the duration of waiting to know if the HR has been approved or not? And, is the petitioned son/daughter will received a denial letter from the US-CIS? In my case i hadn’t received any denial letter from the US-CIS, does it mean my case still has a hope? Thank you so much. Rudy A.

    • The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) has sole authority over the filing and approval of requests for humanitarian reinstatement of visa petitions. The USCIS National Customer Service Center (NCSC) may be contacted toll-free at 1-800-375-5283 regarding this matter.

  13. Hi VISAtisfied Voyager! I’d like to know if you know of approved USCIS cases of F4 case, where the petitioner passed away before me and my family were able to get permanent resident status. We paid the visa fees back in 2010, and were waiting to get the interview date, but due to the retrogression of February 2011, we are still pending for our case to be current.

    I’d like to know from your experience if F4 category does qualify under humanitarian re-validation. I have two other sisters and one brother U.S. citizens there, and I have no other family in my country.

    Hope to receive your feedback.

    • Hi Fatmir, thank you for your interest in the VISAtisfied Voyager.
      By law, a petition is automatically revoked upon the death of the petitioner; however, U.S. Citizenship and Immigration Services (USCIS) may reinstate such a visa petition if the revocation is judged to be inappropriate based on humanitarian considerations. To benefit from this, you should submit a copy of your brother/sister’s death certificate to the National Visa Center to enable them to update their records of the case. The NVC mailing address is 31 Rochester Ave. Suite 100, Portsmouth, NH 03801-2914 (Attn: CMR). Public inquiries may also be sent by email at NVCInquiry@state.gov. NVC’s telephone number is (603) 334-0700.
      Your representative in the U.S. may wish to contact the USCIS National Customer Service Center toll-free at 1-800-375-5283 for the reinstatement of the visa petition.

  14. my father -in law a U.S. citizen filed a petition for my husband and his family the priority date is November 30,1992 then,the visa petition was approved and we received a letter from U.S. embassy,we have a “case number”my husband as a principal applicant and derivative family ,,my child turns 21 last August 4,2013 ,,,,but now my father -in law died 1999 and my husband died 2007 [the principal applicant ] What will happen to my petition ? is there any chances left that my family and i can still immigrate to U.S.??? If they want substitute sponsor a U.S. citizen ,i have relatives there who will support us and gave us all the necessary requirements ,,,Is there any humanitarian considerations to grant us the petition eventhough the petitioner and the principal applicant is already deceased??? Please help me ,this is what we ‘ve waiting for after so many years …

    May God Bless Us All !!!

    Respectfully Yours ,,,

    Ruth

    • Hi Ruth, thank you for your interest in the VISAtisfied Voyager.
      For specific informaiton regarding your visa case, please send an email to IVManilaReplies@state.gov with your complete name, date and palce of birth, and the 10-digit visa case number clearly indicated.

  15. I forgot to ask, who should request the humanitarian reinstatement? My mom (who will be the substitute sponsor) or my sister (beneficiary)? Where should they file it? US Embassy – USCIS already have a copy of petitioner’s death certificate. Thanks!

    • The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) has sole authority over the processing and approval of requests for humanitarian reinstatements. The applicant or the representative in the U.S. may wish to contact the USCIS National Customer Service Center (NCSC) toll-free at 1-800-375-5283 regarding this matter.

  16. Hi VISAtisfied Voyager,

    This is great information! Here is my case:

    My Father was petitioned by her sister back in 1990 and petition was approved the same year. 20 years later, last quarter or year 2010, Visa became current and we were undergoing through NVC process. We paid the required fee and passed the required documents to NVC. Sadly, my aunt passed away due to cancer before my parents was able to immigrate.
    I am now based in US and green card holder. Later on I also found out that we can actually request for humanitarian reinstatement for the petition. I am the substitute sponsor and we filed for humanitarian reinstatement in August 2012. Now we are in Jan 2014 but I still didn’t get information regarding humanitarian reinstatement. My parents lives in Visayas and they were affected by typhoon haiyan in November. I am praying that I can we can get favorable response regarding the reinstatement.
    My question is how long it does typically take for us to know the request about humanitarian reinstatement? I don’t have any receipt number from immigration because the petition was approved back in 1990 and it doesn’t have the new receipt number format. Any help would be greatly appreciated!

    • Thank you for your interest in the VISAtisfied Voyager.

      The U.S. Citizenship and Immigration Services (USCIS) has sole authority over the approval human reinstatement requests. You may wish to contact the USCIS National Customer Service Center at 1-800-375-5283 toll-free to ascertain the status of the case. If the petition is reinstated, the original priority date is also retained.

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