Immigration for derivatives of Family Petition (F4) when Primary Beneficiary dies to Covid

Immigration for derivatives of Family Petition (F4) when Primary Beneficiary dies to Covid

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RJ Patel started this petition to President of the United States and

Dear President, Vice President, Senators and congressman/woman, Congress and Senate Immigration committee members and secretaries, 

Thank you in advance for taking time to review my petition for requesting the change in current policy for family based immigration when Primary Applicant/beneficiaries dies after waiting for prolonged period of 15-16-20 years due to Covid. The particulars of current policy ( states that if Primary beneficiary or applicant dies irrespective of where the petition is in process, THE PETITION DIES. THIS IS VERY UNFAIR for all the derivative beneficiaries who are linked to the Petition through Primary beneficiary as they are being punished not to avail their much awaited legal immigration benefits that they have been waiting for more than decades or even more. We are living in the era of covid-19 and many Petitioner and beneficiaries families have gotten impacted due to the pandemic and have lost their loved ones who fall into this category of Petitioner or Primary Beneficiaries.

I would like to present an unfortunate scenario in case of my family that has left us devastated and helpless with this current unfair policy/law that prevents derivative beneficiaries to continue with their much long awaited immigration petition. 

I am launching this change campaign for a very specific family based immigration unfortunate circumstance that has affected my family and possibly affecting many more families due to the covid-19 pandemic around the world.  I would greatly appreciate your immediate advice and help in this matter.

The specifics of my personal circumstance are that I filed for F4 (brother/sister)- India, family-based immigration for my sister (primary beneficiary) and her immediate family that included her children and husband. We have waited for more than 16 years for family unification based on processing time and my sister and her family has been approved by both USCIS and National Visa Center based on documentary evidences since March 2019 and we are due for final step of interview with Embassy in Mumbai, India since March 2019. Our Petition priority date has been current since June 2020 and we have ben waiting for the final interview at the Embassy due to procedural delays.

As you know, the entire world has been impacted by Covid pandemic right after that and subsequently President Trump imposed a ban on Family based immigration that impacted my sister family interview process with the Mumbai embassy. After President Biden took over responsibility at Whitehouse as a president, he helped many of us by lifting the ban imposed by President Trump. I really appreciate and thank President Biden for doing so.

However my sister's family was struck with a second wave of Covid in India (immediately after in the past few months March 2021 – current) and unfortunately, as a result, my sister who is primary beneficiary passed away due to Covid 19 in May 2021. This was an unnatural death that devastated my family.

I would like all of you to support us (and families like mine) that are impacted by Covid and significant procedural delay caused by various delayed immigration processes. Being a US Citizen and petitioner, I would like to continue to support whatever financial and all other support is needed for my sister's family members (a.k.a. derivatives beneficiaries) to immigrate to the USA as we are a small family where my sister and I were the only siblings. 

I requested multiple expedited visa issuance request earlier this year due to my father's deteriorating and serious dementia driven situation, but it was not considered even though my sister and her family priority date was current (since June 2020). If this was approved my sister and her family would have been able to immigrate with us.  

As mentioned, my sister's family have been legally awaiting a visa for 16 years and documentarily approved since March 2019 and the Priority date being current since June 2020 which is 11 months prior to my sister's unfortunate demise due to Covid. Procedural delay played a major role in causing my family reunion to be placed under an incredibly challenging situation that we have legally waited for 16 years.

Can you please assist me and families alike me around the world by eliminating such dated policy by considering humanitarian ground in the era of Covid-19 pandemic for all the families impacted such as mine. I would appreciate your guidance and support in this regard. Given my sister was the only my sibling and our small family we are very close to each other and it could not only jeopardize our reunion but also my brother in law, niece and nephew’s future that they have hoped for last 16 years post immigration to the United States.

Can you please help by eliminating such dated policy at least for the families who are impacted due to Covid 19 ?  Thank you in advance.. Appreciated all the support as soon as possible..




Reference to Current Policy:








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