My petioning father has died,our petition was approvedin 2009.i have citizen sibling in u.s can i go for reinstatement petition?

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my priority date 22APRIL 2002 APPROVAL Date 27 OCTOBER 2009

Attorney Answers

2
Lisa Okohbrown ·
You can. "To request humanitarian reinstatement of a revoked petition, the beneficiary should send a request, in writing, for such reinstatement to the USCIS office where the original Form I-130 was filed. This request must include a copy of the petitioner’s death certificate, proof of the substitute sponsor’s relationship to the beneficiary, a viable AOS completed by the substitute sponsor, and a copy of the Form I-130 approval notice. If the director decides that humanitarian reinstatement is not warranted, this decision should be communicated, in writing, to the beneficiary. There is no appeal from a determination not to exercise this discretionary authority. If the director decides that humanitarian reinstatement is warranted, the beneficiary should be notified and the decision forwarded to either the Department of State (if the beneficiary is abroad) or to the USCIS officer adjudicating the beneficiary’s adjustment application (if the beneficiary is present in the U.S.). Factors they consider are: reinstatement of a petition under such circumstances, DHS has considered the following factors: (1) Disruption of an established family unit; (2) Hardship to U.S. citizens or lawful permanent residents; (3) If beneficiary is elderly or in poor health; (4) If beneficiary has had lengthy residence in the United States; (5) If beneficiary has no home to go to; (6) Undue delay by DHS or consular officer in processing petition and visa; and (7) If beneficiary has strong family ties in the United States.
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J Ferrari ·
You can request reinstatement. However, that does not mean it will be granted. You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
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