ROC for a former K2 holder if a main beneficiary passed away

[Clair 6]

Hello!

I only registered to gather some information for someone in a critical situation.

A person I know has entered a terminal stage of cancer and is given days, maybe weeks, to live. She is a former K1 holder and a Conditional GC holder at the moment. Her 20 years old child is a former K2 holder and as a conditional resident as well. They will become eligible for ROC in February 2014, but it's highly unlikely the woman will still be alive. THE question: will be her child able to remove conditions and obtain permanent GC if the main beneficiary is dead? I was searching high and low, but was unable to find any info. The woman herself is not in any shape to do research.

Thank you for any help.

Edited December 5, 2013 by Clair

[apple21 953]

Where is the USC husband? Are they still married?

[Hypnos 6,576]

From http://www.uscis.gov/sites/default/files/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-22009/0-0-0-22036.html:

"Children who cannot be included in a joint petition filed by the parent and parent's petitioning spouse due to the child's not having acquired conditional resident status concurrently with the parent, the death of the parent, or other reasons may file a separate Petition to Remove the Conditions on Residence (Form I-751). (Amended 5/23/94; 59 FR 26587 )"

If the principal K-1 dies then the K-2 child can file a joint petition with their US citizen step-parent to remove conditions. On the I-751, Part 2, "Basis for petition" under 1.b there is an option to file jointly with "my parent's spouse because I am unable to be included in a joint petition filed by my parent and my parent's spouse". This would be the option they would need to choose.

I know first-hand what a challenging time this is for them, so I will keep them in my thoughts. The bottom line is that, provided the US citizen step-parent agrees to jointly file an I-751, the K-2 child should be able file for RoC and remain in the US without issue.

[Clair 6]

Thank you, apple21 and Hypnos for your replies! This an awesome news for her husband and the child. I am going to forward this info to the woman, I am positive it will make her final days in the hospice much brighter.

[Clair 6]

I have a couple of hew questions. The child is 20 years old, she is not a minor. Does that make any difference for USCIS in regards on her ROC? Does it matter that legal guardianship of the USC step-Father has never been established?

These are the questions from the family I am writing on behalf of.

Thanks again!

[Hypnos 6,576]

I do not believe that either of those matter.

You may want to consult with an experienced immigration attorney to double-check. Alternatively, you can post a question over at http://www.avvo.com which will get you answers from lawyers for free.

Edited December 5, 2013 by Hypnos