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Is it possible to obtain a waiver from USCIS regarding the domicile requirement of a petitioner who's physically unable to do so

Los Angeles, CA |

I have an approved F3 family petition of my father, a US (naturalized) WWII Filipino veteran.Priority date became current last July 2010. We paid all fees and completed our medical exam and were interviewed at the US embassy.Our case was pending submission of an additional required document (proof of petitioner's domicile in the United States). My father is aged, 92 yrs old, and still here in the Philippines.He wasn't able to leave for US as scheduled before our interview as he's not fit to travel long haul flights because of existing heart problems and as certified by the doctors, risk for his health.My brother in NY had given an affidavit of support as co-sponsor of my petition.Due to retrogression, I can't inquire regarding the status of my case unless priority date became current again

Attorney Answers 3


Your father must be "domiciled" in the U.S. when you immigrate under F3. If Petitioner dies there is a process called humanitarian reinstatement but it requires a new petitioner. Contact an experienced immigration attorney to explore all options.

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No. Sorry. There is no such waiver.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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I am afraid not.

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