All F3s

[kt123]

humanitarian reinstatement

my pd is nov92 phils. i have received last week ds3032.
my sponsor passed away last year.
what should i do?

if im gona send human reinstatement by monday, when could it possibly be approved by uscis? im afraid it would cause of so much delay because my daughter will celebrate her 21 bday this december 2010..

can anyone in this thread answer me?
please

thanks

[mt2644]

I am sorry to hear that you have lost a member of your family.
In order to proceed, you need to consider sending two letters explaining the humanitarian consideration and your predicament with a child which is going to turn 21 in near future. I strongly recommend you to consult a lawyer in this case since the road ahead is a winding road and you need to know your way around complex immigration procedures such as this one. Following is what I found on the internet and I quoted what was explained in relation to HRC for all to read. As far as timing, I would say that it may take around 4 weeks for them to get back with you with an answer or more requests. Last but not least, you are at the mercy of Immigration services which means every case received is evaluated and may or may not be considered for HRC, hence a need for a lawyer to present your case.

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The process for requesting humanitarian reinstatement consideration (HRC) begins with the
notification to either the Service Center or the National Visa Center of the death of the
petitioner. If the death certificate is accompanied by a letter indicating that the beneficiary wishes to be considered for humanitarian reinstatement, the Service Center will respond with a letter confirming that the petition has been automatically revoked (8 CFR 205.1(a)(3)(C)). The letter then provides a list of requirements that must be met to have the petition considered for humanitarian reinstatement under 8 CFR 205.1(a)(3)(C)(2).

In order for the reinstatement to be considered, the following documents must be provided:
The request for reinstatement must be in writing by the beneficiary of the original petition or
substitute sponsor if the beneficiary is a minor child.

- Provide as much available documentation to identify and document the humanitarian reason for reinstatement. Such documentation may include, but is not limited to:

a. Evidence of a long-time residence and any equity in the U.S.
b. Evidence of relationship to other family members with evidence of their immigration status in the U.S.
c. Evidence of health-related factors that would establish the need for the reinstatement of the petition.
d. Evidence of current political or religious conditions in the beneficiary’s country of origin that would indicate that the beneficiary would suffer if not permitted to immigrate to the U.S.
Please note: Economic depression, as is found in many regions of the world, is not considered to be an example of a harsh result contrary to the goal of family reunification unless it is of such an extreme nature as to possibly cause physical harm to the beneficiary.

- The new sponsor is required to submit an original Form I-864, Affidavit of Support, to show that he or she has adequate means of financial support and that the beneficiary of the petition is not likely to become a public charge.

a. The substitute sponsor must complete the Form I-864, Affidavit of Support.
b. The Form I-864 must contain an original signature of the sponsor.
c. The new sponsor must be an immediate family member or a legal guardian of the
beneficiary, such as a spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild child at least 18 years of age.
d. Submit evidence that will establish the new sponsor’s immigration status or U.S. citizenship.

Other documentation;
a. The petitioner’s death certificate.
b. The initial approval notice.
c. Any correspondence received from the Department of State or the National Visa Center.
d. Evidence of the relationship between the new sponsor and the beneficiary.

- If the death certificate submitted indicates that the lawful permanent resident (LPR) petitioner
died while outside of the United States, you must establish that it was not the intent of the petitioner to abandon his or her LPR status.

Such evidence may include but is not limited to:

- Evidence of a plan for a return to the United States,
- Evidence of an un-relinquished domicile in the United States, or
- Evidence of continued ties to the United States.
If it is determined that a request for reinstatement does not meet the statutory and regulatory requirements, any subsequent request will require the filing of a formal motion for reconsideration accompanied by the appropriate motion fee.
Make sure to consult an experienced immigration attorney about your options in such cases.

[kt123]

thanks mt. thats a big big help!

God bless you.

i already been too immigration lawyer, and they're asking for 80k pesos, and thats abt 1800 dollars equivalent to IV for 4..

so i just searched on the internet..

thanks again

[Zeed_70713]

Hello Kt123!
Are you in phil or Usa. Because if you are in USA then your case will proceed even if your petitioner has died because law has been passed last year in this regard by the Obama administration.

[kt123]

im still in the phils. we dont make any move yet, still searching for the way, cause immigration lawyer is too much..

thats why im asking if any had experience on this so they can guide us in this beginning, cause humanitarian reinstatement is the 1st move before i send back the ds3032 form.

[Zeed_70713]

Hello

Where are you people gone? Please come out and write some thing. Kt 123 you should send all the documents ds 3032 , ds 2030 and after you reache usa then you file the case for humanitarian reasons.Because law has changed now.

[Zeed_70713]

Maruxa

Hello Maruxa What is your interview date?

[kt123]

Where are you people gone? Please come out and write some thing. Kt 123 you should send all the documents ds 3032 , ds 2030 and after you reache usa then you file the case for humanitarian reasons.Because law has changed now.

really? all of the people said the 1st step is for the reinstatement..

just thinking why VB for april is not yet posted. aw

[mt2644]

Hello Zeed and hello to the rest of F3s,
I am still here trying not to run out of steam. The 80-20 rule is indeed working to my disadvantage and hopefully the April VB will be a shot in the arm for all of us to stay motivated. I am afraid that NVC is still setting up appointment for people with May 2001 PDs and my 245(i) reoccurring nightmares may be the possible reason behind such retrogression in our category.

[Zeed_70713]

Hello All F3

Very painful time it is for All F3 people. In fact we had been waiting for a very long period and our pd movement is also very slow as compared to other categories. But I am sure that this is the last year of wait and visa bulletin watching for 2001 pd.

[mt2644]

Well, April VB did not move for us in F3 category. Now I am sure it will be some time before we have some movement in this category. I got this from US Embassy in India.

[pike]

So Guys, April VB is out ....no movement!!!!!!

[mt2644]

My prediction for the month of May goes like this:
If there is advancement in PDs, we will see some forward movement for the rest of the year otherwise we are stuck in this for a year or so. The best way to predict future PD movement at the moment is to look for people who are receiving DS 3032 forms with Jan. or Feb. 2002 PDs or people with June 2001 PD getting interview letters. So I say let’s not get disappointed and start to look for hints of what will the next VB bring us based on tangible information.

[dsz]

April VB

Where did you get April VB movement?
travel.state. govt. site says April visa bulletin is upcoming...

[Zeed_70713]

Pd movement

Now pd movement will be for the next year I mean that July, August,September because the people in these dates will be interviewed in the next f-year starting from october first. If May ,June vb movement is nill even then one should not worry.