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For Family based petition

Scenario 1. Beneficiary is in the United States at the time of the death of the petitioner.

death of Petitioner

If the Petitioner filed the petition and it is pending or he filed the petition and it is approved and at least one of the beneficiaries of the petition resided in the US at the time the Petitioner dies, he or she continues to reside in the US since the death of the petitioner then the beneficiaries of the petition and their derivatives are eligible to adjust status in the U.S.

To continue the adjudication process the beneficiary needs to file substituted Form I-864, Affidavit of Support at the Service Center where the petition was approved or where it is pending.

If the principal beneficiary dies, then there are no need to file a substitute Affidavit of Support for derivatives to benefit.

Scenario 2. Family based petition is approved.

If the Family-based Petition has been approved then you need to prepare Humanitarian Reinstatement Request to continue with the case.

If the case is in the NVC , once they receive the death certificate, they will send all the documents back to NVC for revocation. So you need to expeditiously prepare Humanitarian Reinstatement Packet. It should include the following documents:

  • Approved Petition
  • Death certificate
  • Substitute Sponsor
  • Evidence that the beneficiary will reside in the U.S.
  • Evidence that Petitioner wanted the beneficiary to reside in the U.S.
  • Evidence of Hardship to the remaining family members who are residing in the U.S. (include the family tree)
  • Evidence of phycological and financial evaluation for remaining family members
  • Description of beneficiary’s potential achievements in the U.S.
  • Description of how the beneficiary will help the remaining relatives in the U.S.

File the request to the service center that originally approved the petition.

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