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Originally posted by SaySid View PostPetition
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 Section 204(l) can still apply to a case that was revoked, so the revocation does not mean that your case is over.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 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: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 - You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
- You were inspected and admitted or inspected and paroled into the United States;
- You are physically present in the United States at the time you file your Form I-485
- You are eligible to receive an immigrant visa;
- An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application (For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin);
- The relationship to the family member who filed Form I-130, Petition for Alien Relative, for you still exists;
- None of the applicable bars to adjustment of status apply to you;
- You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
- You merit the favorable exercise of USCIS’ discretion.
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:- An approved Form I-130 filed on your behalf;
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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