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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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I want to get a visit visa and my immigration case asked

Customer Question

i want to get a visit visa and my immigration case asked for a humanaradian reinstatement because petitioner died. i want to get the green card in usa
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

Please answer the following:

You first say you want a visitor visa, and then you said you want a green card. Which one are you asking about now?

Customer: replied 1 year ago.
my petitioner died but i already filled ds 260 for f3 fAmily visa what will happen to -ds 260 now that petitioner died. first need this answer
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

QUESTION: My petitioner died but i already filled ds 260 for f3 fAmily visa what will happen to -ds 260 now that petitioner died. first need this answer

ANSWER: If the I-130 petition was approved before the petitioner died, then you may be eligible for Humanitarian Reinstatement to continue the process.

There is no form. You need to write a request to the USCIS office that approved the I-130 petition. If you look at the approval form, you should see the case number ***** indicates the service center. With that, you need to have a new, substitute I-864 filed by a US citizen or permanent resident who is at least 18 years old and who is your spouse, parent, mother-in-law, father-in-law, brother/sister, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian. THOSE ARE THE ONLY PEOPLE WHO CAN BE SUBSTITUTES. If you do not have one of those who is at least 18 and who is a US citizen or a permanent resident (green card), then you cannot continue the process.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
now how long it takes to approve this case for this reinstatement
Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWR: Unfortunately, there is no timeline available to know how long it will take. This is not published, because this is not a standard process. I have seen it take 3 months and I have seen it take 7 months. It really depends on the Service Center and it depends on how busy the service center is.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
now my case is not valid can i get a visit visa and ask to restarting my case in usa
Customer: replied 1 year ago.
many people get to do adjustment
Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: I don't understand why you think your case is not valid now. If you did not even try to do humanitarian reinstatement yet, why would it be invalid?

If the case is invalid now, then it's going to be invalid later. As far as getting a visitor visa, you can't get a visitor visa and then turn around and apply for a green card. The reason is, the visitor visa requires nonimmigrant intent. And if you're seeking a green card, you have and I grant intent. So you can't get a visitor visa claiming to be a non-immigrant, and yet apply for a green card. They cannot and do not work together. If you try to apply for a visitor visa and then try to get a green card, you can be accused of immigration visa fraud. That would be a very difficult thing to get over.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
can i change my intend now to get visit visa i hate this immigration intend
Customer: replied 1 year ago.
i am exchasted now waiting just changr mind get visit visa
Customer: replied 1 year ago.
i have my brothers in us and my case is dead almost so y not change intend get visit
Customer: replied 1 year ago.
hello how can i get to usa
Expert:  Expert James replied 1 year ago.

You still have not told me why your case is dead already. What is your brother's status in the US?

Customer: replied 1 year ago.
i wAn to get a visit visa abd and change status and use my approved 130 to get green my brother is a citize in usa n
Customer: replied 1 year ago.
i want to be in usa asap and change status
Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

As I already told you, you cannot come to the US with a visitor visa, but intending to do adjustment of status and get a green card. Some people who already are here as visitors intending to be visitors can later change their minds and can adjust status, but that is not what you are doing. You are trying to use the visitor visa to come here and be an immigrant. That is illegal.

You have an I-130 already on file. And now you are saying you want to enter as a visitor and then adjust your status to green card. That is a violation of the law.

What you need to do is exactly what I told you to do already. Here are the instructions again:

You need to write a request to the USCIS office that approved the I-130 petition. If you look at the approval form, you should see the case number ***** indicates the service center.

With the request, you should provide the following things:

  • a copy of the approval notice for the I-130
  • the death certificate of your relative (with translation, if necessary)
  • Form I-864 from your “substitute sponsor”
  • proof of the substitute sponsor's relationship to you. (his birth certificate and your birth certificate, showing the same parents)
  • an explanation of why you deserve humanitarian reinstatement (for example, the impact of revocation on the family unit in the U.S., especially on U.S. citizen or lawful permanent resident relatives or other relatives living lawfully in the United States, if you are elderly or in poor health, if you have resided in the U.S. lawfully for a long time, if you lack strong ties to your home country, and, if you’ve been waiting a long time for your case to be processed, in cases where the delay is reasonably attributable to the government rather than you).

If approved, this will allow you to continue the immigration to the US through your original petitioner, but with your brother as a substitute. The sooner you do this, the better it will be for you.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
susubstitute with legal graideren ship
Customer: replied 1 year ago.
cancel my ds 260 and get visit visa abd and later change of status. y cannot i do it
Customer: replied 1 year ago.
there r ways to get green card
Expert:  Expert James replied 1 year ago.

Sir/Madam,

I really want you to understand that the best option is with the substitute sponsor on the current petition. You are very close to finishing this process and being able to come to the US and get a green card. That is why I am trying to get you to do this first. It will not take more than 6 months to do this.

And as I already told you three times now, you are violating the law by coming to the US as a visitor, wanting to adjust your status to get a green card.

And if you give up your processing through your original sponsor now, you will have to find someone else to sponsor you or find an employer to sponsor you. And if you give up the current process, and then ask your brother to sponsor you for a new green card, and not to substitute, it will take at least 10 years to get your green card. The fastest way to get your green card is to do what I have told you many times already - have your brother be the substitute sponsor. I don't know how else to tell you that.

Yes, there are other ways to get a green card. But they will take much much longer than doing it the way I am telling you to do it. If this doesn't work, then try the other ways. But the substitute sponsor is the best option for you right now.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!