Any idea about 204(l) Relief ??

[Picheshwar]

 

https://www.uscis.gov/green-card/green-card-eligibility/basic-eligibility-for-section-204l-relief-for-surviving-relatives

Basic Eligibility for Section 204(l) Relief for Surviving Relatives

 

 

You may be eligible to seek relief if you are a:

• Principal or derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the petitioner died;
• Derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the principal beneficiary died;
• Derivative beneficiary of Form I-140, Immigrant Petition for Alien Worker, and the principal beneficiary died;
• Beneficiary of a pending Form I-730, Refugee/Asylee Relative Petition, and the petitioner died;
• T or U nonimmigrant visa holder in a derivative classification (T-2, T-3, T-4, T-5, U-2, U-3, U-4, U-5) and the principal (T-1 or U-1) visa holder died; or
• Derivative asylee (AS-2 or AS-3) and the principal asylee (AS-1) died.
• Derivative asylee (AS-2 or AS-3) and the principal asylee (AS-1) died;
• Derivative beneficiary for VAWA classification (Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant) and the VAWA self-petitioner died;
• Derivative beneficiary of Form I-485, Application to Register Permanent Residence or Adjust Status, filed by a battered spouse or child under the Cuban Adjustment Act or the Haitian Refugee Immigrant Fairness Act on and the principal applicant dies; or
• Conditional permanent resident (CPR) child of a CPR filing a waiver of the joint filing requirement for Form I-751, Petition to Remove Conditions on Residence, based on battery or extreme cruelty, and the CPR dies.    

To be eligible for relief under INA 204(l), at least one beneficiary must have been residing in the United States when the qualifying relative died, and the same beneficiary continues to reside in the United States at the time of seeking relief. The Department of Homeland Security (DHS) may decline to provide relief if it determines, in its discretion, that doing so would not be in the public interest.

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Residence for the Purpose of Section 204(l) Relief Eligibility

• You “reside” in the United States if your “residence” is in the United States.
• Your residence is your primary home or your “principal actual dwelling place in fact, without regard to intent.” (See section 101(a)(33) of the Act.)

If you can show that your primary home when your relative died--where you were actually living--was in the United States, and it is still in the United States, you may benefit from section 204(l) relief.

Certain petitions can have more than one beneficiary. For example, the spouse or child(ren) of the principal beneficiary may be eligible to immigrate along with the principal beneficiary. As long as at least one of the beneficiaries was “residing” in the United States, and is still “residing” here, all of the beneficiaries can benefit from section 204(l) relief. (Note: Unlike certain other petitions, Form I-730 will have only one beneficiary.)

Section 204(l) relief eligibility requires that someone must have “resided” here; it does not require physical presence in the United States when the relative died. Residence is not interrupted by incidental travel. Events like a vacation, visiting family, or travel for work do not affect your eligibility for section 204(l) relief.

Favorable Exercise of Discretion

Pending or Approved Petitions and Applications

Petition or Application for Adjustment of Status is Pending

Petition was Approved

If your immigrant petition was already approved before your relative died, the approval is automatically revoked by function of law (see 8 CFR 205.1(a)(3)(i)(B) and (C)). Section 204(l) can still apply to a case that was revoked, so the revocation does not mean that your case is over. Rather, “revocation” and “reinstatement” simply provide a procedural mechanism that lets USCIS verify whether section 204(l) applies to your case and, if it does, to decide whether to exercise discretion favorably.

When you request and are granted section 204(l) relief, USCIS reinstates the approval of the petition, so that you can continue the process of obtaining lawful permanent residence (Green Card). This is a technical difference because of how the law is written and other laws and regulations that existed before section 204(l) was enacted, but the outcome is the same:  when section 204(l) relief is requested and granted, you can continue the immigration process. Processing times may vary, depending on where your file is located and other factors. See How to Request Section 204(l) Relief for information on how to request section 204(l) relief.    

How to Request Section 204(l) Relief

There is no form or fee to ask for section 204(l) relief. You need to make a written request with supporting evidence of eligibility to a USCIS office.

• If your relative dies while the petition is pending, you should specifically ask USCIS “to approve the petition under section 204(l),” despite your relative’s death.
• If your relative dies after the petition (for example, Forms I-130 or I-140) is approved, you should specifically ask USCIS “to reinstate the approval of the petition under section 204(l).” 
• If your relative dies while Form I-730 petition is pending, you should specifically ask the USCIS office that has your petition “to approve the petition under section 204(l),” despite your relative’s death.

When you request section 204(l) relief, you must include:

• Your name, your deceased relative’s name, and the names of any other beneficiaries on the same petition;
• Your alien registration number (A number), if you have one;
• Your deceased relative’s A number, if he or she had one;
• The A number for any other beneficiaries, if they have one;
• The receipt number on your petition or application;
• Your relative’s death certificate (a certified translation is required, if not in English);
• Proof of your residence (examples include, but are not limited to: lease/mortgage, utility bills, pay stubs, school records, etc.) at the time of your relative’s death up until the present time (note: only one of the beneficiaries on a petition with derivatives needs to meet the residence requirement); and
• Form I-864, Affidavit of Support Under Section 213A of the INA, from a substitute sponsor.

See the chart below to learn where to send the request:

If	Then
Your visa petition (e.g., Form I-130 or Form I-140) or Form I-730 was pending when your relative died and at least one beneficiary, or derivative beneficiary, resided in the United States when your relative died and continues to reside in the United States	Send your written request to the USCIS office currently processing your case (the address is on the receipt notice (Form I-797) or, if USCIS transferred the case to a different office, send your request to the new office listed on the transfer notice)
Your petition was already approved when your relative died AND you are not ready and/or able to file Form I-485 yet	Send your written request to the office that approved your petition
Your petition was already approved when your relative died AND you have a visa available and are ready to file Form I-485	Send your written request with your Form I-485 package per Instructions for Form I-485
You have already filed Form I-485 (whether or not your petition was pending or already approved)	Send your written request to the USCIS office having jurisdiction over your application
You are in T or U nonimmigrant status	Send your written request to the Vermont Service Center
You are in asylee status	Send the written request with your Form I-485 package when you file for adjustment of status, if applicable, per Instructions for Form I-485

[Picheshwar]

@csrcsr @dasari4kntr

[dasari4kntr]

1 hour ago, Picheshwar said:

@csrcsr @dasari4kntr

what is this..? 

will read it out...