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  • #16
    Thank you.

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    • #17
      Originally posted by SaySid View Post
      Petition

      A pending or approved petition does not confer lawful immigration status on an alien. An immigrant petition merely classifies an alien in a (particular immigrant visa category), which forms the basis for the alien’s adjustment application.

      If your immigrant petition was already approved before your relative died, the approval is automatically revoked by function of law (see 8 CFR 205.1(a)(3)(i)(B) and (C)). Section 204(l) can still apply to a case that was revoked, so the revocation does not mean that your case is over. Rather, “revocation” and “reinstatement” simply provide a procedural mechanism that lets USCIS verify whether section 204(l) applies to your case and, if it does, to decide whether to exercise discretion favorably.

      When you request and are granted section 204(l) relief, USCIS reinstates the approval of the petition, so that you can continue the process of obtaining lawful permanent residence (Green Card). This is a technical difference because of how the law is written and other laws and regulations that existed before section 204(l) was enacted, but the outcome is the same: when section 204(l) relief is requested and granted, you can continue the immigration process. Processing times may vary, depending on where your file is located and other factors. See How to Request Section 204(l) Relief for information on how to request section 204(l) relief.

      There is no form or fee to ask for section 204(l) relief. You need to make a written request with supporting evidence of eligibility to a USCIS office.

      If your relative dies after the petition (for example, Forms I-130 or I-140) is approved, you should specifically ask USCIS “to reinstate the approval of the petition under section 204(l).”


      When you request section 204(l) relief, you must include:
      • Your name, your deceased relative’s name, and the names of any other beneficiaries on the same petition;
      • Your alien registration number (A number), if you have one;
      • Your deceased relative’s A number, if he or she had one;
      • The A number for any other beneficiaries, if they have one;
      • The receipt number on your petition or application;
      • Your relative’s death certificate (a certified translation is required, if not in English);
      • Proof of your residence (examples include, but are not limited to: lease/mortgage, utility bills, pay stubs, school records, etc.) at the time of your relative’s death up until the present time (note: only one of the beneficiaries on a petition with derivatives needs to meet the residence requirement); and
      • Form I-864, Affidavit of SupportUnder Section 213A of the Act, from a substitute sponsor.
      If,
      Your petition was already approved when your relative died AND you have a visa available and are ready to file Form I-485 Send your written request with your Form I-485 package per Instructions for Form I-485
      If you are currently in the United States, in order to be eligible for a Green Card as a family preference immigrant, you must meet the following requirements:Inspected and Admitted or Inspected and Paroled

      Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. For more information on this requirement, see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”. Eligibility to Receive an Immigrant Visa

      You are eligible to receive an immigrant visa if you are the beneficiary of:
      Hi SaySid,

      I am in process of apply for humanitarian reinstatement for my sister whos case was approved before our father passed away after 11 years of wait.
      Can you please guide me what to write to USCIS in humanitarian reinstatement letter please? Thanks.

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