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I have an petition interview in Manila and my petition is now for process but the petitioner passed away 7 yrs ago.

Hercules, CA |
Filed under: Immigration

My father is a war vet naturalized US citizen and petitioned me as married son in 1992 in the state of california. Last Sept 20 i received a letter from Manila US EMBASSY for interview and medical exam . But the petitioner passed away 9 yrs ago. I know that my petition is now revoked but i want to appeal for humanitarian reinstatement. What are the legal remedies that i can undergo to appeal my case and have my petition approved. I am planning to set an appoinment next month in mnla us embassy. Pls give me some options to have my case reconsidered.

Attorney Answers 3


  1. Your question states in one part that the petitioner passed away 7 years ago, then it says the petitioner passed away 9 years ago ... At any rate, that's a long time ago. Have you made a request for another person to take the placed of the deceased petitioner? It seems that, especially because the petitioner passed away so long ago, it will be difficult to get a good result in this case. I suggest that you consult with an experienced immigration attorney about this issue.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  2. I agree with my colleague that you may be able to get a substitute petitioner but since you waited so long it may be to late.
    You do not state your age. It may be that you already have status depending on how old you were when your father became an LPR or USC.
    It would be worth the fee for you to consult with an experienced immigration attorney about your possible immigration.


  3. You NEED a consultation with an immigration attorney

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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