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  • a friend's spouse died

    hi guys, thanks for your contributions. My friend's husband applied for her greencard but is yet to be issued as they await the visa availability number. She is abroad, however the husband passed away and I'm wondering if she will still get her greencard when her number is current despite her husbands death?

  • #2
    hi guys, thanks for your contributions. My friend's husband applied for her greencard but is yet to be issued as they await the visa availability number. She is abroad, however the husband passed away and I'm wondering if she will still get her greencard when her number is current despite her husbands death?

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    • #3
      Hello,
      I think the law says if the petitoner dies or cancels the petition,the petition that was filed also gets cancelled. As regards to your case, I would suggest you see an experienced lawyer.

      Comment


      • #4
        I hope this can help.

        Bill to Help Beneficiary When Petitioning

        Relative Dies

        As readers of the MurthyBulletin may be aware, many immigrants obtain the Green Card through the sponsorship of a close family member who is a citizen or permanent resident of the United States. In particular, U.S. citizens can apply for their spouses, their (married or unmarried) children, and their siblings. Permanent residents can apply for their spouses and unmarried children only.

        One problem that arises is what to do when the petitioning relative dies? Generally when the petitioner dies, the petition is legally considered to die as well. However, there are situations when the INS will agree, based upon humanitarian considerations, to let the case continue, sometimes even substituting the surviving parent. There are also special provisions for widowed spouses to apply on their own if they were married for at least two years before their spouse's death.

        However, even when the case is allowed to continue for purposes of the immigrant petition, there is a catch. In order to approve the beneficiary for the adjustment of status or the immigrant visa it is necessary to present an Affidavit of Support (Form I-864) to prove that the beneficiary has adequate financial support and will not become a "public charge." By law, the I-864 must be signed by the petitioner. If the petitioning relative did not happen to sign the I-864 before passing away, then the case cannot be completed. While the I-864 allows for joint sponsors to show financial support when the petitioning relative has insufficient income, in all cases the petitioner is still required to sign the I-864.

        A new bill in the U.S. House of Representatives (House) would solve this problem by allowing another sponsor to substitute for the deceased petitioner in signing the I-864. There are some restrictions on who can be a sponsor, but the bill would allow a variety of relatives to assume this responsibility. The bill, H.R. 1892, was approved by the House Judiciary Committee. The next step is for it to be introduced and voted on in the full House. Then the Senate needs to pass a similar bill, and Congress puts forth a joint bill for the President's signature.

        Although this is merely a bill, we share it with you in the MurthyBulletin because of its importance to so many family based immigration cases.


        © The Law Office of Sheela Murthy, P.C.

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