what are his rights?

[halimandserena 0]

my friends filed their i-130. after they filed the wife(usc) passed away.

since the application has already been sent, does he have any rights?

is there any way to follow through to get a visa?

thanks for your comments....

[imaisha 0]

my friends filed their i-130. after they filed the wife(usc) passed away.

since the application has already been sent, does he have any rights?

is there any way to follow through to get a visa?

thanks for your comments....

No- sorry

[chinese_mutt 11]

Nope.... the application is cancelled once the petitioner dies.

sorry.

[NArocks 13]

death of petitioner

Death of petitioner

The very first step toward acquiring your green card through family sponsorship is for your immediate relative to file an Immigrant Petition on your behalf. An “immediate relative” is a child, spouse, or parent of a U.S. citizen. Unfortunately, this world is not perfect and people do not live forever. What happens when your relative filed that petition and then passed away? There are several scenarios.

One scenario is when the Immigrant Petition (Form I-130) was filed and not yet approved at the time your immediate relative (not spouse) passed away. In that scenario, the petition is lost and you have to find another way to obtain your green card.

As the I-130 was not yet approved it is lost as stated above

[NArocks 13]

There was also a thread here in January with this in a different light

Effects of major change forum

[imaisha 0]

There was also a thread here in January with this in a different light

Effects of major change forum

That situation is a little different. They've already filed for adjustment of status and the green card is in the works. With this beneficiary the intitial I-130 hasn't been approved yet so they have no right to come here in the first place.

[No-Where-Man 147]

There was also a thread here in January with this in a different light

Effects of major change forum

That situation is a little different. They've already filed for adjustment of status and the green card is in the works. With this beneficiary the intitial I-130 hasn't been approved yet so they have no right to come here in the first place.

true

for sorry he have no rights ...

the petition will die as if it wasnt sent

sorry for what happened .....

Good Luck

[Beth/ Paris Heart 2]

There was also a thread here in January with this in a different light

Effects of major change forum

That situation is a little different. They've already filed for adjustment of status and the green card is in the works. With this beneficiary the intitial I-130 hasn't been approved yet so they have no right to come here in the first place.

true

for sorry he have no rights ...

the petition will die as if it wasnt sent

sorry for what happened .....

Good Luck

Petition will be cancelled by USCIS upon they receive notice of Petitioners death. The beneficiary has no rights at all in this matter sad to say.

Im sorry about Paula Sue, and her poor husband, my heart goes out to him and her family.

[halimandserena 0]

thanks for all your replies....

[Beth/ Paris Heart 2]

thanks for all your replies....

Serena, Im really sorry about Paula Sue, we spoke a few times on Yahoo. Please keep in touch!!

Beth

[james&adry 3]

thanks for all your replies....

Serena, Im really sorry about Paula Sue, we spoke a few times on Yahoo. Please keep in touch!!

Beth

Was this the lady that was asking about not wanting to be on the suicide watchline?

[100% Al Ahly Fan 53]

This is so utterly sad. May God be with him and their family during this time. RIP

[luv2uallday 1]

my friends filed their i-130. after they filed the wife(usc) passed away.

since the application has already been sent, does he have any rights?

is there any way to follow through to get a visa?

thanks for your comments....

the replies you have gotten saying the beneficiary has no rights after the death of the petitioner is wrong.. There is one act of recourse you have it's called "Humanitarian Revalidation" Basically it states if the petitioner dies before the benificiarty recieves a visa the benefiecary still can get a visa based on the late petitioner's petition under certain situations. I forgot the exact situations but basically hardships.

That is the only way to keep your case alive after the death of the petitioner. But you must find the situations eligable and if you fit into any of those then you have a change to have your petition re-opened and processed. What I understand you must still find a sponser for the affidavit of support in order to execute it.

It is a law that was passed some years back Immigration Attorney Micheal j Gurfunkel speaks about it often on his immingration show "Citizen Pinoy" Good luck and hopefully things will work out