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now the time here is to connect to.business and immigration law update this.is a presentation of attorney and.counselor at law mr. Ramesh Khurana.attorney Khurana is the chief attorney.at the Khurana law firm located in the.heart of Gaithersburg Maryland the.moderator on this set is attorney.Kenneth Hebert from Boyd's Maryland.attorney Hebert questions attorney.Khurana about the death of a petitioner.humanitarian of a family based petition.let's have a look welcome my name is.Kenneth Hebert I'm a former assistant.United States attorney and I'm a former.senior attorney in the Office of.Inspector General of the United States.Department of Health and Human Services.with me today is ramesh Khurana welcome.Ramesh thank you again.Ramesh is a very renowned immigration.attorney who's helped people across the.world with their problems immigration.issues here in the United States and.he's here to answer some of our.questions on the capital forum welcome.again Ramesh thank you for your kind.words Ken if they're all true they're.all true I can ask you a little bit you.know on the other side of the world you.know or your wife what happens when a.person dies and they've got a petition.pending what happens to that petition.normally this is a very unfortunate.situation because sometimes when the.petitioners filed a petition for their.loved ones and his loved one who are the.beneficiaries of this petition they are.to wait for many many years.sometimes ranging between 5 years to 10.12 years depending upon whether they are.siblings are their sons and daughters.married a single so it's a very.unfortunate situation but the good news.is that there is a provision which is.based just on the humanitarian ground.and when we are talking about.humanitarian ground this.is a very sound discretion which is.rested with the USCIS to exercise their.discretion the authority when we say.says sound discretion so they have to.basically consider pros and cons like.what are the favorable factors and what.are the unfavorable factors so based on.that that decision will be made so I.take it that that the different.scenarios of factors will play out and.it becomes the decision of the official.in charge of the case that makes that.decision that's very - but one thing has.to be remembered that loss has forth.that D the petitioner of a petition dies.that petition is revoked from the date.of the death of the petitioners but you.know in in such a situation this fact.doesn't come to the notice of the USCIS.so you have got to be proactive and you.can take certain steps to inform USCIS.and at the same time you can make a.request under the humanitarian ground.before the petition gets revoked as I.said otherwise petition will be revoked.from the date the padishah dies if you.imagine that you're trying to reinstate.that petition you proactively go and.reach seek to restate it I take it that.there are certain areas certain cancer.ttan situations when they can grant that.type of relief is that correct yeah.that's very true.when we say Restatement the question of.reinstatement arises only when the.petition has already been revoked.sometimes we immigration lawyers come.across situation where the people would.tell us oh my father died last week and.my brother is standing in the queue what.do I do.so at this point of time the petition is.still valid is not revoked because no.one has brought this fact to the.attention of USCIS so that's why I said.if you are really proactive talk to your.lawyer and lawyer can initiate certain.positive steps and one of the positive.steps would be that we should file a.request with the USCIS informing then.voluntarily that this is what has.happened petition has died but at the.same time we say that your discretion.allows you to allow this petition to.continue how it can continue you have to.be knowledgeable about that let us say.if your petitioner has died and.petitioner has sons daughters siblings.spouse so there there are some relatives.who fall within the authorized category.so one of them come forward and say that.I'm going to be the sponsor of this.petition what does it mean that person.will have to file an affidavit of.support and the income of that.particular person who's coming forward.to provide the sponsorship as a.substitution of the petitioner there.should be at least 125 percent of the.poverty guidelines so if he can make.that requirement met with then he can.come as a substitute sponsor and file an.affidavit of support is there ever a.situation where an individual doesn't.have a substitute sponsor but because of.the humanitarian issues involved that.they permit somebody to go forward with.the petition very difficult situation.here you have just asked me.unfortunately answer is no so the.substitute sponsor has to be out of the.categories which have been authorized by.USCIS if anybody let's say cousins.sometimes cousins are not allowed to.come forward s with such responses so.that beneficiaries out of luck another.thing I would like to.see here the person who is making an.application based on the humanitarian.ground either for each statement or.continuation of the petition is the.principal beneficiary it's not like.brother of the petitioner or spouse of.the petitioner who is died now it's only.the beneficiary who has to make this.application and there is no prescribed.application no fees are payable to USCIS.is it looks like it's a very simple.process.but the type of documentation which is.required to be provided that's very.complex because the onus on you is to.convince USCIS are I always use the word.you are to persuade USCIS to approve the.petition so it's a very heavy burden on.you if an individual is petitioning for.refugee status to each of his family.members petition or does he as the.family had petition and then they become.dependents of his again the person who.is coming forward to provide the the.affidavit of support if applicable that.has to be within the authorized category.if somebody who is not within the.authorized category he cannot what if.there's nobody who's in the United.States who is seeking refugee status for.a family let's say somebody's escaping.from you know some warden torn country.that's not in the Middle East and I say.that so that we're we're avoiding people.being concerned of the safety of United.States but the families coming in you.know from Africa say you know and.they're petitioning and the father dies.couldn't the children or the mother take.over that or are they all petitioners to.begin with can the procedures and rules.regarding the refugees those are.completely different set of rules.so when we are talking about the.humanitarian grounds relief so basically.we are talking about the family based.petition where you know you talk about.the family unity and you talk about the.hardship which the beneficiary would.experience let us say that beneficiary.has been living in this country now he's.on an h-1b status they are three.brothers three sisters husband and wife.and the petitioner was the father father.died of heart attack recently the.question is how this person who is.living here and they can devastate that.none of their family members is living.in in India all of them have moved to.the United States so it's a question of.family unity you have to document it.very well by producing birth.certificates then you have to give the.death certificate of the person then.marriage certificate of parents so you.have to show that it's really going to.cause hardship to the person if that.person were to go back and it becomes a.little bit easier if the person is.sitting here sometimes you have filed a.petition for a beneficiary who is.sitting in India and he has never been.able to come to the United States are.the whole family came and this child was.over the age of 21 at the time green.cards were issued to the parents another.sibling he's the only one who was left.out because of the aging out so he's out.of luck because he's the only one who's.staying there but then you have to make.your arguments in such a way to.demonstrate that this person is the only.person who's living in India and he.wants to be united with the family and.that's why in the interest of family.unity it is on a meditating ground and.it has got to be approved then you bring.somebody who provides the affidavit of.support what are some of the other.requirements that have to be shown in.the affidavit of support affidavit of.support there are mainly two.requirements one of the most important.is it is to be executed by a person.who's within the parameter delicious.like I said it could be spouse it could.be the brother sister father-in-law.mother-in-law sister-in-law but not.cousins and the second important.requirement is about the income level.that person must be making an income.level of 125 percent of the poverty.guidelines so there are different levels.let us say if that person himself has.three children and he's the sole bread.earner of the family so he already.supporting three people plus himself.four people and if he's supporting this.family so four plus this family of four.eight people then income must be.equivalent to 125 percent of the gebardi.governed sorry poverty guidelines for.eight people so that's the only burden.if you have met these two important.burdens and you can show that it's going.to cause hardship to the person who's.living overseas chances are it will get.approved but you should make really a.very persuasive case it's not that in.the ordinary are routine this type of.petition will be approved because this.is on humanitarian ground.that means this is just under the sound.discretion of the USCIS.you cannot expect us to approve each and.every petition where the sound.description will not exercise favorably.in for the approval of the petition can.a grandparent petition yes and.grandparents can yeah and one of the.grandparents are like really elderly and.would not normally have the capacity to.raise a child and then let's say that.the parent died and the parent was the.one raising a child and.their child is the one that the.grandparent has to petition for I mean.are there certain accommodations that.can be made or or does the that.grandparent have to be able to.physically raise that in fact that is.not a statutory requirement for the.purpose of coming up as a substitute.sponsor like we talked about two factors.and those two factors are important for.the purpose you are within the parameter.relationship and you are making more.than 125 percent of the income of.poverty guidelines if you have met with.these two thresholds there are chances.again if you have provided very.persuasive evidence the petition might.be approved so the grandparents do it.and then just turn the child over to a.niece or nephew who is actually a cousin.of the of the deceased there that's a.family arrangement but there they're not.going to look at this issue about yeah.because as I said those are the.important roles.it's basically whether the nomination.education Chapelle for delegates so then.they'll permit them so yep well that's.good that way at least the child come.over he can otherwise have a baby whose.grandparent is a US citizen even and.they don't have a parent alive and they.could be in some other country you know.without anybody being able to take care.of them and thrown into an orphanage or.something that's very - but the I have.seen the challenging point is how do you.prove that this is the case of hardship.to the beneficiary remember let us say.mother is living here and mother says.that my husband has died and I'm.experiencing extreme hardship which is.emotional of course and he says let my.son come no that's not going to come the.hardship has to be to the beneficiary.and the principal beneficiary and the.beneficiary is the person would be.coming yes who's coming and who's.getting United with the family.well it certainly be a hardship of a you.know can't come over to this country.because they can't come to this country.they've got to be a hardship by.definition that's like yeah I like to.thank you for coming on in thank you it.was really a very interesting topic not.that we come across quite after with.this kind of situation to deal with but.whenever we have a situation we put our.whole might behind it that's right it's.heartbreaking type of situation yeah.thank you thank you.

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Washburn Reinstatement Petition Form FAQs

Here are some questions along with their answers to clear up the doubts that you might have.

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First off there are no fees for leaves or requests for leave in any branch of the United States military. Second there is no such thing as a fiancée form in the U.S. military. There is however a form for applying for a fiancée visa (K-1 Visa)that is available from the Immigration and Customs Service (Fiancé(e) Visas ) which would be processed by the U.S. State Department at a U.S. Consulate or Embassy overseas. However these fiancée visas are for foreigners wishing to enter the United States for the purpose of marriage and are valid for 90 days. They have nothing to do with the military and are Continue Reading

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It can also be that he used the wrong form and will still be deducting taxes as he should be. Using the wrong form and doing the right thing isnt exactly a federal offense

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Make it fast. Ask them as few questions as possible (don't collect unnecessary information) and pre-populate as many fields as possible. Don't ask offputting questions where the respondent might have to enter sensitive personal information. If some users see you collecting sensitive information, they might not be ready to share that with you yet based on what you are offering, and they will think twice about completing the form.

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