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JP Sarmiento

This would be really helpful to those with weak "humanitarian reinstatement" cases. Hopefully the provisions would eliminate the need to do those anymore. Thanks for the update.

Vincent Martin

Why the distinction between AOS and consular processing? "If Ms. Santos and her family are abroad on the day that her sister dies, the petition will be revoked by the USCIS. The family's only recourse is to request a reinstatement of the visa petition on "humanitarian" grounds."

Any hope for people abroad?


This is pure hypocracy, does it make sense to wait for the retrogressed numbers for 10yrs. The goverment can do better than just giving a fish. Free us up to enjoy freedom like everyone else, release visa numbers from previous years to flow down to recipients!

Aks S

I hope this gets signed soon by the President for it to become effective.

One of the primary reasons I chose to make my home country is for the chances it offers to my family.

When I saw traffic accidents, it occurred to me what would happen to my family if I got knocked over? And I have been knocked out once but luckily survived.

Hope that even if someone is not as lucky at least there would be the comfort that the family would continue to stay and pusue the American Dream.

Thanks Mr Shusterman for all the services you provide to the voiceless immigrants. Would are your views about legally challenging the country of birth based discrimination for visa limits. Can it be challenged because its contrary to the concept and law stating Equal Employment Opportunity.

Chris Duran

What about a widow or survivor who needs a waiver? If the law is going to assume the fiction that the petition remains valid after the death of the petitioner, then it seems fair to allow the survivor to use same fiction as a substitute for a qualifying relative for purposes of a hardship waiver.

Bojana Jovic

My father was green card holder and he petition for me (in 1998), unmarried daughter over 21 years old. Petition 130 is approved. I am in the USA and I patiently waited for more than 10 years and before my number came my father suddenly died.
Will I benefit from the new law as surviving family member.
Sincerely Bojana

Carl Shusterman


Cool Mady

My dad was in H1B in 2002 he passed away & my mom was on H4 and she overstayed in USA. will she be benefited by this law.


my mother filed for me and my 4 other siblings in 1992. At the time all of us over the age of 21 yrs old. Unfortunately she passed in 1997. However Our case was approved before her passing and before our priority date became current. Will my siblings and I benefit from this new law given the case was filed 17 yrs ago?

Donni Fox

Carl, my Brother in law (primary applicant) was killed in a car accident over an year and half ago. He left a fiancee and 3 children behind. Their USCIS application was just approved last week. Will this new law help them finally get the US then? Thanks,


hello! just want to ask if the new law only applies to those beneficiary who are already in US?thanks!

Nataly Aksyonov

Does the new law cover widows of US citizens or LPRs as well?


I have siblings who received approval notice from USCIS in year 2005. They were petitioned by our father in 1997. Unfortunately, our father passed away in year 2006. Year 2009, my siblings received a letter from the USCIS for their US VISA processing. Me, my mom, my sister, and my brother are here in US waiting for our siblings for long time. Will the new law, help our siblings to come over? Thank you...


my father died 20 years ago, i have an approved petition all we need was to send our affidavit support letter but my father died. Now i am 22 years old. I still have my letter of approval? can someone help me? Will this law help me? Thank you.


My Dad was a primary beneficiary of my Grandmother's Petition
and was categorized as F3 Petition which is Family Petition
since 1993

My Dad died last july 2008 while my Grandmother who was the petitioner also died last june 2009

On April 1020, we received the third notice paper regarding the petition and i think its for processing our papers for visa and we need to fill up some documents.

My question is, since we were categorized as family petition, do we still have the chance to migrate given the situation that we have?

Just Call me: R

I have a friend from El Salvador. His father petitioned for him and 2 other siblings by using the I130 "Family Petition Form" before June 30, 2001 and have an approval notice. His father who was the petitioner passed away almost 2 years ago. He has no other immediate relative whom is either a U.S. Citizen or a Permanent Resident whom can qualify as the substitute petitioner. However, his father was re-married with a U.S. Citizen years before he passed away.

My question is: Can his surviving Step-Mom apply to be the substitute petitioner for him and his siblings if she qualifies financialy?

They're all over 21 years of age.

Thank You.

Vetrano & Vetrano

Time to time many changes are required in the present family laws as divorce, child custody, collaborative law etc. And also court keep doing the same. I have gone through many blogs and sites about family law, One site which I found good is http://www.vetranolaw.com you should check it once.


Dear Sir,
I'm a US citizen who filed for his brother's immigration. His I-130 has been approved in 2005. Based on the current waiting for India he would likely get the chance in 2013/14. Unfortunately he recently met with an accident and passed away. Would i still be able to immigrate my brothers family to the US? What happens now? Appreciate your answer very much.

Kind Regards


i am a US citzen i have filled I-130 for my brother in 2004 and i recived approval notice may 2010. at the time when i filed I-130 my brother was 17 years old and now he is 23 is he still legal to come to US?

orlando lavilla

my family and I were petitioned by my father a filipino war veteran and US citizen since 1993. unfortunately he passed away 1994. we are residing in the philippines and just recently we received some papers from NVC. do we have a good chance to immigrate under this law?

merle guiang

My father was a filipino WWII veteran and a US citizen. He resided in US for more than ten years with his 2nd filipina wife. In 2004, he decided to stay for good here in the Philippines and stayed with us until he died On August 14, 2006. My 2 siblings & I (all married)were petitioned by our father since 1993 and for 17 years of waiting it was approved by NVC. Are we still eligible for the approved petition?


hi. i have pending adjustment of status with uscis. however, in a very unfortunate circumstance, my husband who is my petitioner died in a cardiac arrest and we were only married for 5 months.
am i obliged to inform uscis about his passing? will they deport me?
thank you.

Md Ibrahim

My father applied for us(spouse & Children), he died in 1999 and have compensation as per surrogate court degree. Can we get the benefit to enter USA under this new law.
Thanks & Regards,
Md. Ibrahim
eldest son of deceased Anwar Ahmed,
Dhaka, Bangladesh.
alternate EMail

Ed Caoagdan

My U.S. Citizen father, 1-130 petition my unmaried brother who is residing in the Philippines. Our father passed away a year and half ago and now my brother received an approval to start paying Affidavit of Support, I am also U.S. Citizen and live in the U.S. for almost 20 years now. My Question is, for humanitarian reinstatement reasons, can I take over my father by filing affidavit of support for my brother? What should do to make it legal or valid? What should I do? when I send I-864, affidavit of support and necessay supporting documents, Do I need to send my Father's Death Certificate or a letter explaining that petitioner is dead and I am taking over that is why I am filing affidavit of support for my brother. Please some intelligent guy help me!! Send it to my email Address, Magellan_8@Comcast.net. Thank you

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