Petitioner passed away

[FredLooban]

What is the name of your state (only U.S. law)? California

I am just wondering is it possible for the beneficiary to come here even if the petitioner already passed away?

His priority date is less than a year away from NVC priority date listing though, his sister passed away a few months ago, it's a 4th preference family petition anyway.

The paper's of the beneficiary are already in the US Embassy of the beneficiary's country and the beneficiary is still in his country.

His other sister said they can provide an AOS (Affidavit Of Support).

Need your help on this because I am helping him, and his sister who passed away was a close friend of mine.

Thanks a lot!

Fred

 

[FlyingRon]

The immigration department's policy is here:
http://www.uscis.gov/USCIS/Laws/Memoranda/2011/January/Death-of-Qualifying-Relative.pdf

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? California

I am just wondering is it possible for the beneficiary to come here even if the petitioner already passed away?

His priority date is less than a year away from NVC priority date listing though, his sister passed away a few months ago, it's a 4th preference family petition anyway.

The paper's of the beneficiary are already in the US Embassy of the beneficiary's country and the beneficiary is still in his country.

His other sister said they can provide an AOS (Affidavit Of Support).

Need your help on this because I am helping him, and his sister who passed away was a close friend of mine.

Thanks a lot!

Fred

If the beneficiary was not living in the USA when the petitioner died, his best (only?) option is to apply for Humanitarian Reinstatement. See http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b05906ba5151f310VgnVCM100000082ca60aRCRD&vgnextchannel=4c2515d27cf73210VgnVCM100000082ca60aRCRD or simply google "uscis Humanitarian Reinstatement"

I'm working on one of these myself.

 

[FredLooban]

If the beneficiary was not living in the USA when the petitioner died, his best (only?) option is to apply for Humanitarian Reinstatement. See http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b05906ba5151f310VgnVCM100000082ca60aRCRD&vgnextchannel=4c2515d27cf73210VgnVCM100000082ca60aRCRD or simply google "uscis Humanitarian Reinstatement"

I'm working on one of these myself.

So what is the next step on this one? Does the beneficiary has to write a letter to USCIS informing them about the death or he has to submit some forms? Can he write USCIS now so that when the priority date becomes current everything is OK already?

Thanks a lot Stevef!

More power!

Fred

 

[lisaanderson05]

What is the name of your state (only U.S. law)? California

I am just wondering is it possible for the beneficiary to come here even if the petitioner already passed away?

His priority date is less than a year away from NVC priority date listing though, his sister passed away a few months ago, it's a 4th preference family petition anyway.

The paper's of the beneficiary are already in the US Embassy of the beneficiary's country and the beneficiary is still in his country.

His other sister said they can provide an AOS (Affidavit Of Support).

Need your help on this because I am helping him, and his sister who passed away was a close friend of mine.

Thanks a lot!

Fred

If the I-130 was approved before his sister died, then it is possible through “Humanitarian Reinstatement.” There is a process that the other sister must initiate as soon as possible through USCIS. Information can be found on the USCIS website of the steps that need to be taken (do an internet search for Humanitarian reinstatement and it should be the first link). If you are still confused or need help, suggest seeking the help of a qualified immigration attorney.