I212

[dmasse220]

Help with I-212 APPLICATION APPROVAL


Well my mother's immigration case is very compicated. A few years ago after she had just given birth to my brother she was asked to leave the U.S voluntarily. But she didnt due to my brother and I. Before my brother was born she entered here illegally. My father who was a U.S citizen a few years later began filling a bunch of applications for her. In sept of 07 my father passed away and were told that her applications were canceled due to his death. Early that year before my father died she was approved for a green card but we recieved the approval letter in november of 2007. So this gets more complicated my mother also had filed the I-212 and now we see that it is approved and we have an appointment on jan. 14. So this case is very complicated. Does anyone else have any ideas whay will happen to my mother.

[lopay]

ok, first things first.

When were you born?

I don't think the petition is just cancelled out. Who told you that? When did he die?

[lopay]

She has a greencard but your saying that she also has an appointment for the I-212?

[dmasse220]

I was born in Feb 1991 but it has nothing to do with me. and my father passed away Sept 1 2007 and her petition was approved in March 2007

[lopay]

sorry, do you know if your a USC or not?

If your mom has a greencard in hand, and they gave an appointment to her for Jan, 14, something is wrong.

The I-212 is for permission to apply to renter the US after a removal. Someone who had a voluntary departure and didn't take it can not AOS.

When was your mother ordered removed?

And do you know what the appointment is for? They don't give you an appointment just because they approved your I-212.

[lopay]

and btw, I'm sorry to hear about your father passing away. Stuff like that is hard when you are young. But you must be a strong person being that you are attempting to help your mom with something that is so complicated. I really hope we can help you out here.

[dmasse220]

well here petition was approved she doesnt have the card in hand. Im not rellesure what is going on but everything is complicated and the appointment is scaring me cause the last one was horrible she was in a room for a couple hours and came back out crying and it was really hard and now going through it again with one parent is worse with a little brother. right now I don'y know what will happen. Thanks You for your help

[lopay]

I know things can be really hard. One thing you will need to learn, and this is something that everyone who has dealt with immigration has dealt with has had to learn, is to take everything one step at a time. If you don't you will become over whelmed really fast.

Do you have the paper work around? You need to get all of the documents that she has, letters from USCIS and everyone. Does you mom understand what's going on? If she doesn't know how to use the internet so she can talk, maybe you could help her?

[emt103c]

This is not a bad situation. Your mother has an approved 212, which means that things should actually be okay.

What you need to do is find out EXACTLY what she has.

It sounds like you are telling us that she has an approved I-130, but that the petitioner has died AND that the I-212 has been approved now, after they [I]threatened[I]to revoke the petition.

I think that Lopay is trying to find out if you are a citizen in order to see if you can petition for her, it the 130 from your father is in fact cancelled.

This IS going to be complicated, and I would advise you to consult with an attorney about it.

With an approved I-130 AND I-212, at the interview she will need proof that she had a bona-fide marriage with your father AND be able to prove his death with an OFFICIAL death certificate. I'm going to do some more research, but please let us know if you are a U.S. citizen. . .this will help.

[emt103c]

Who told her that the application was cancelled?

Does she have an attorney who filed the 212?

[lopay]

just to clarify, I was asking about him being a citizen because I wanted to know if he knew if he was or not. When he said that his brother was born here, it made me think he wasn't, so I thought if he wasn't then there might have been a chance that he was a citizen because of his father.

Now if that actually made sense.....

[dmasse220]

hi im a citizen but im only turning 17 but my dad did in fact die and we have the death ceritficate and we do have an immigration attorney and she's there during the appointments. I'm just afraid there goin to deport her and that be the end for me. Her case is all over the place right now. Her I-130 was approved and the I-212 was approved both filled out by the lawyer. anybody know what would happened.

[emt103c]

You will need to know the exact sequence of events. . .she was in the U.S. and an I-130 was filed, was it as an adjustment of status? Was it only the I-130 that was approved?

The problem is, if he died before the approval of the visa application, it is a DIFFICULT CASE, but if the 212 and thus the visa application were approved prior to his death, then she would have hope. I am attaching a link about this. I am sorry about all that you are going through, this is terrible.

http://www.uscis.gov/files/pressrelease/PL107_150Pub.pdf

[emt103c]

Here's another one from an attorney who states that it is the I-130 that must be approved (the form that was approved in March, before he died according to the post) that would be really good news! You would just have to find another qualifying relative to fill out the Affidavit of Support.

http://www.murthy.com/print/ukins_P.html

[emt103c]

And Another!

http://www.rreeves.com/immigration_articles/DEATH_OF_A_PETITIONER_WHATS_NEXT.html

[lopay]

do you think he was confused about her being approved for a greencard? Maybe he meant the I-130 was approved in March.....

[emt103c]

That's what I'm assuming, read the second link...it says the I-130 is what needed to be approved. The "petition" not the DS-230. . .not sure. . .

[dmasse220]

yes the I-130 was approved ,my sister who is 22 could apply for her but she isn't a us citizen and another thing my mom wound't need a financial benificary because she works full time is is independent on her own she is able to work. And her application was approved before my father died.

[dmasse220]

those links were very helpful but she is alreadyin the u.s thats my problem. It's not like she is still in Haiti she is still here with us. These immigration conselors don't care about who your leaving behind and what problems your leaving behind. I really want to go with her but they always let her come in and leave me out. So I never get the one on one time. My mother's lawyer also told me it was a great idea to write a letter so I did and it's really good. Would they ever consider looking at it. It's very deep and I feel like they would be immune to everything I write and have no emotion towards it. How can I make sure they'll see me letter.

[lopay]

I don't think you have anything to worry about. She does still have to have an affidavit of support.

"USCIS adjudicators are also reminded that, if the visa petitioner dies after approval of a Form I-130 – in both immediate relative and family-preference cases – then USCIS has discretion to reinstate the pre-death approval. 8 CFR 205.1(a)(3)(i)(C)(2), as amended, 71 FR 35732, 35749 (2006). This discretion will be exercised favorably only if there is a substitute sponsor who has submitted a Form I-864 in place of any Form I-864 that was filed, or would have been filed, by the deceased petitioner. Id."

source (http://www.familybasedimmigration.com/forum/showthread.php?t=1634)

[emt103c]

yes the I-130 was approved ,my sister who is 22 could apply for her but she isn't a us citizen and another thing my mom wound't need a financial benificary because she works full time is is independent on her own she is able to work. And her application was approved before my father died.

The sister is an LPR though??? If she is she can do the Affidavit of support.

And ACTUALLY this is one case in which the DO care about who she would leave behind....it specifically sites consideration for an "ESTABLISHED FAMILY SITUATION" This is one of the only times it matters!

AND being in the U.S. already does actually kind of make a difference too. If the attorney does not already know about this law, please make sure to show him/her the printouts. . .they may want to know. . .but may already know.

[emt103c]

Also, specifically read the last two paragraphs of the third link. . .there is a special rule for spoused of USC who have been married more than two years before the death of the USC!