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a beneficiary of approved visa petition petitioner filipino veterans died how are we going to travel to USA , ?
how to be a successful in migrating to the USA with approved immigrant visa petition with my father the petitioner died after approval?
- Fred SLv 71 decade agoFavorite Answer
Under the pertinent federal regulations, family-sponsored petitions are revoked automatically upon the death of the petitioner if the petitioner dies "before the beneficiary's journey to the United States commences."
The Code of Federal Regulations provides that a family-based petition will not be revoked automatically upon the death of the petitioner where the Attorney General, in his discretion, "determines that for humanitarian reasons revocation would be inappropriate."
Although a petitioner’s death may trigger the denial or automatic revocation of an immigrant visa petition, important exceptions may apply. In instances where a petitioner has passed away, it is crucial that the family members ascertain whether they are still eligible to immigrate.
You need to communicate with the immigrant visa section of the embassy in Manila (if you're in the Philippines).
- krecicLv 44 years ago
right it rather is each and every thing you're able to desire to comprehend (it rather is kinda long, sorry): usually, whilst the visa petitioner dies, the approved I-one hundred thirty petition initially filed by using the visa petitioner is immediately revoked. in spite of the shown fact that, following the passage of the kinfolk Sponsor Immigration Act, P.L. 107-one hundred fifty, beneficiaries of those petitions might document for reinstatement as long as they are able to offer an I-864 Affidavit of help filed by using a “replace sponsor”. The Act facilitates the substitution of an determination sponsor if the unique sponsor has died and the lawyer primary has desperate that the petition should not be revoked for humanitarian motives. the guy made sponsor might desire to be a U.S. citizen or national, or an alien lawfully admitted for everlasting place of residing, a minimum of 18 years of age, and resident interior the USA. the guy made sponsor could additionally be on the subject count of you as between right here: companion, determine, companion's mom, better half's father, sibling, toddler (if a minimum of 18 years of age), son, daughter, son-in-regulation, daughter-in-regulation, sister-in-regulation, brother-in-regulation, grandparent, or grandchild. As contained whilst it comes to different sponsors, the sponsor might desire to shelter an annual earnings equivalent to a minimum of a hundred twenty five p.c. of the Federal Poverty rules. with the intention to seek for reinstatement of the visa petition, you're able to desire to positioned up a fact to the USA Citizenship and Immigration amenities workplace interior the U.S. the place the unique visa petition became filed soliciting for reinstatement of the visa petition. The fact could record explanation why your case warrants reinstatement, with your ties to the USA, or hassle that would desire to happen to you if the request for reinstatement weren't granted. you're able to additionally comprise including your reinstatement request a form I-864 Affidavit of help achieved by using a “replace sponsor”. This replace sponsor is submitting the I-864 as against the deceased petitioner, and can desire to fulfill each and all of the financial standards of a sponsor pursuant to the Immigration and Nationality Act 213A. including your reinstatement request you're able to desire to offer documentary information of the death of the unique petitioner, plus documentation of the relationship between you and the guy made sponsor. finally, comprise a reproduction of your approved I-one hundred thirty, if available.
- Anonymous1 decade ago
I am sorry, but you will have to find another petitioner for you.
I am sorry to hear of your loss.