I-130 Change of Petitioner.

[steepee]

Good afternoon,

I decided to create a new title, because I didn?t find a one that I need. So the situation is next.
I am 22 years old. My grandmother filled a petition for my mother (I-130 ? U.S. citizen filing for a married son and daughter over 21) and it was approved on fall 2005. Grandmother tragically passed away on the beginning of 2017. We got NVC welcome letter right after grandmother?s death. We have already sent all documents to USCIS, that my grandfather be substituted as the new petitioner. It was done on fall 2017. On December, 2017 I received a message that our case was returned from NVC to USCIS for some action. It has passed more than half year without any notice from USCIS. I have made a request on the website via ?Case is outside normal processing time? tool. I got the answer that our case is currently pending review and they does not have a published processing timeframe for cases returned from NVC.

I understand that all we have to do is to wait. But I want to know. Maybe somebody had a similar situation and you can tell me how much time it takes to proceed returned cases nowadays? I mean approximately 1; 2; 3 years?
Another question is that I am 22 y.o now. Is it possible that I will be covered with the help of the ?Child Status Protection Act (CSPA)? and I also get an immigrant visa with my family?

I am sorry for my English. My grammar skills are not so good. Hope you understand everything. If you have some questions, feel free to ask.

Thank you for your time.

[newacct]

Good afternoon,

I decided to create a new title, because I didn?t find a one that I need. So the situation is next.
I am 22 years old. My grandmother filled a petition for my mother (I-130 ? U.S. citizen filing for a married son and daughter over 21) and it was approved on fall 2005. Grandmother tragically passed away on the beginning of 2017. We got NVC welcome letter right after grandmother?s death. We have already sent all documents to USCIS, that my grandfather be substituted as the new petitioner. It was done on fall 2017. On December, 2017 I received a message that our case was returned from NVC to USCIS for some action. It has passed more than half year without any notice from USCIS. I have made a request on the website via ?Case is outside normal processing time? tool. I got the answer that our case is currently pending review and they does not have a published processing timeframe for cases returned from NVC.

I understand that all we have to do is to wait. But I want to know. Maybe somebody had a similar situation and you can tell me how much time it takes to proceed returned cases nowadays? I mean approximately 1; 2; 3 years?
Another question is that I am 22 y.o now. Is it possible that I will be covered with the help of the ?Child Status Protection Act (CSPA)? and I also get an immigrant visa with my family?

I am sorry for my English. My grammar skills are not so good. Hope you understand everything. If you have some questions, feel free to ask.

Thank you for your time.

I don't think there is such a thing as "change of petitioner". Your grandfather would have had to file a new petition, and the priority date of the new petition would be when he filed the new petition; it would not be the priority date of the petition filed by the grandmother.

The only way the petition by the grandmother could be used if she died before your mother immigrated, would be if you guys qualified for either 204(l) reinstatement (at least one of the beneficiaries must have been living in the US when she died and continues to live in the US) or humanitarian reinstatement.

As for whether you have aged out, it depends on how long the petition was pending (i.e. the time from when the I-130 was filed until it was approved), and when a visa number becomes available. If at the time a visa number becomes available, you take your age and you subtract the time the petition was pending, and it is under 21, then you have not aged out and you can immigrate as a derivative beneficiary.

[steepee]

I don't think there is such a thing as "change of petitioner". Your grandfather would have had to file a new petition, and the priority date of the new petition would be when he filed the new petition; it would not be the priority date of the petition filed by the grandmother.

The only way the petition by the grandmother could be used if she died before your mother immigrated, would be if you guys qualified for either 204(l) reinstatement (at least one of the beneficiaries must have been living in the US when she died and continues to live in the US) or humanitarian reinstatement.

As for whether you have aged out, it depends on how long the petition was pending (i.e. the time from when the I-130 was filed until it was approved), and when a visa number becomes available. If at the time a visa number becomes available, you take your age and you subtract the time the petition was pending, and it is under 21, then you have not aged out and you can immigrate as a derivative beneficiary.

Thank you for the answer.

We made a request for Humanitarian Reinstatement of the approved petition by my grandmother last year. We attached all required documents in those written request and there is no result. I don't think it's a good idea to submit a new petition by my grandfather. It is going to be a new process with a few years of waiting.

Maybe there is another way to continue processing our case. I have just read about "204(l) reinstatement". When my grandmother died, all my family was outside the US. But we have visitor visas. If it helps, we can move to the USA.

I understand that it is only your opinion, but if you can give me advise what to do, I will be very thankful.

[ecotable]

Hello steepee,

any update on your case? were u able to change the petitioner on the existing application? any result on the humanitarian reinstatement?

[John Phan]

[QUOTE=steepee;n557380]

Thank you for the answer.

We made a request for Humanitarian Reinstatement of the approved petition by my grandmother last year. We attached all required documents in those written request and there is no result. I don't think it's a good idea to submit a new petition by my grandfather. It is going to be a new process with a few years of waiting.

Maybe there is another way to continue processing our case. I have just read about "204(l) reinstatement". When my grandmother died, all my family was outside the US. But we have visitor visas. If it helps, we can move to the USA.

I understand that it is only your opinion, but if you can give me advise what to do, I will be very thankf




Hi Steepee, could you kindly update us your petition's status? Has your humanitarian reinstatement been approved?
Thanks

[andi012]

im f3 pd december 2007.Case complete november 2019, my father passed away in september 2020 I sent to uscis humanitarian reinstatement and all required documents on 15 december 20020 I wrote uscis and they reply to me that they are reviewing my case

[amjadnadeem]

Petitioner Father I130 Petition Filed Jan 2011 for Daughter
Approved Apr 2011
Case sent to NVC
Petitioner Died Aug 2019
NVC send approved petition back to USCIS VSC on 6 Feb 2021
Beneficiary Wrote application for reinstatement Feb 2021 ( all docs & sub sponsor lingo) & case is pending in USCIS Vermont Service Center

[asadus]

Petitioner Father I130 Petition Filed Jan 2011 for Daughter
Approved Apr 2011
Case sent to NVC
Petitioner Died Aug 2019
NVC send approved petition back to USCIS VSC on 6 Feb 2021
Beneficiary Wrote application for reinstatement Feb 2021 ( all docs & sub sponsor lingo) & case is pending in USCIS Vermont Service Center

Hi Amjad,

Can you please tell me what did you write to USCIS reinstatement? I just need a sample letter.
Thanks,.