Losing a petitioner who has filed an immigration petition
Losing a petitioner who has filed an immigration petition
Losing a petitioner who has filed an immigration petition on your behalf can be a difficult and uncertain situation. In such circumstances, it is important to understand the options available to continue with your visa case. Here are some steps you can consider:
Seek Legal Guidance: Contact an experienced immigration attorney who can guide you through the process and provide advice tailored to your specific situation. They can help you understand the available options and assist you in taking the necessary steps.
Notify USCIS: Inform the United States Citizenship and Immigration Services (USCIS) about the petitioner’s passing. You may need to provide documentation, such as a death certificate, to substantiate the information. USCIS will update the status of your case accordingly and provide further instructions.
Determine Eligibility for Humanitarian Reinstatement: Depending on the circumstances and the stage of your case, you may be eligible to request Humanitarian Reinstatement. This discretionary measure allows for the reinstatement of your immigration benefits despite the petitioner’s passing. Consult with your immigration attorney to assess whether you meet the criteria for this option.
Identify a Substitute Sponsor: In certain cases, it may be possible to find a substitute sponsor who can continue the immigration process on your behalf. This typically applies to immediate family members who are eligible to file a new petition, such as a spouse, parent, or child who is a U.S. citizen or lawful permanent resident. Discuss this possibility with your attorney and determine if there is a suitable substitute sponsor available.
Consider Alternative Immigration Options: If the original immigration petition is no longer viable due to the petitioner’s passing, you may need to explore alternative immigration options. This could include exploring other family-based or employment-based visa categories for which you may be eligible. An immigration attorney can assess your qualifications and guide you in selecting the most appropriate route.
Stay Informed and Maintain Communication: Stay updated with the latest information from USCIS regarding your case. Respond promptly to any requests for additional documentation or information. Open communication with USCIS and your immigration attorney is crucial to ensure that you are aware of any changes in procedures or requirements that may affect your case.
Seek Emotional Support: Dealing with the loss of a loved one while navigating the immigration process can be emotionally challenging. Reach out to support networks, friends, and family for emotional support during this time. Consider seeking counseling or professional help if needed.
Remember, each case is unique, and the appropriate course of action may vary depending on the specific circumstances. Consulting with an immigration attorney is crucial to understand your options and make informed decisions regarding your visa case in light of the petitioner’s passing.
I Manisha Shah from Addis Ababa , East Africa had a petition I-130 (F4 ) filed by my brother in 2005. We were very confused how to go ahead as we were unable to trust any immigration company because sharing case our details with some one is very sensitive matter .We searched a lot but were unable to find a reliable source , then we contacted F4 India Consultants through Facebook page. we had lot of telephonic conversations with f4 and finally when i checked all the credentials of company , I found f4 India as a genuine and authentic immigration company . I requested them for advance processing for my petition and they made it happen by putting lot of efforts .we got our welcome letter in a week and thus our Ds 260 was ready to file.F4 India team filed my DS260 and all other processing accurately and smartly, Mr. Samar also resolves a challenge which we faced related to the civil documents when we had to submit PCC, as we live in South Africa but basically, we are Indians and spent some of my time in India, he also gets the PCC done for me and my family. I am very much satisfied with the services F4 India delivered. I highly recommend the experienced team of F4 India . Thank you Samar & F4 Team for all your help.
Manisha Shah
