Death of principal beneficiary - F4 Visa

[sm88 0]

I tried that as well. They say it doesnt look possible because of the complicate case and i am not getting any definite answer.

[agmehta 1]

Hello,

According to the new section 204(I) "Relief for the survivors" or "Humanitarian Reinstatement", Do you think its possible for derivative beneficiary to get a green card after the death of primary beneficiary? The visa is F4.

Any advice and help will be really appreciated.

Thank you in advance.

Hi Sm88

Sorry to hear. But do not worry. You are protected by the law. Yes, there was a law signed in the end of 2009 that allows a beneficiary of an I-140 or I-130 to continue eligibility if the primary beneficiary (or the petitioner in case of I-130) dies. Your friends family should be fine. They probably just need a consultation. Why not speak to a good immigration lawyer. They charge nominal $300 for consultation I believe. Also the petitioner can hire a free of cost legal aid which is provided by USCIS to pursue this case. I know exactly what you have been going through. Way back many years ago our file was denied in 1989 when my uncle got expired. At that time they did not have any protection to principal beneficiary or petitioner. We fought a case but the plea was turned down as at that time the files were getting current faster. No one anticipated the concept of retrogression will come due to IT boom those years.

But now law has been enacted. Please read excerpts from the below case.

http://forum.murthy.com/index.php?/topic/40607-demise-of-primary-applicant/

Best wishes,

Anand

[Merrytooth 5,748]

Similar question:

http://immigration.lawyers.com/ask-a-lawyer/death-of-principal-beneficiary-693760.html

Here is the USCIS website:

http://www.uscis.gov/green-card/green-card-through-family/basic-eligibility-section-204l-relief-surviving-relatives

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.

Edited February 18, 2015 by Merrytooth

[sm88 0]

agmehta: Thank you for your response. Sorry to hear that, but was your uncle the petitioner or primary beneficiary in the petition ? Also i went through the entire thread in the link you sent me and it looks like they are talking about the applicant/petitioner. Not sure if i understood it right. So did you have a chance to reopen your case ? Also i tried to consult 2 lawyers all that i get in response from them is 204(i) n humanitarian reinstatement is applicable incase the petitioner is deceased and also one of the derivatives should be present in the U.S. (that doesn't make sense to me)

Merrytooth: Thank you for the links, i read that and yet again they say the same thing that derivative beneficiary should be in the U.S. at the time of the death of primary beneficiary. That is absolutely ridiculous. How is that possible i simply don't get it.

[Merrytooth 5,748]

agmehta: Thank you for your response. Sorry to hear that, but was your uncle the petitioner or primary beneficiary in the petition ? Also i went through the entire thread in the link you sent me and it looks like they are talking about the applicant/petitioner. Not sure if i understood it right. So did you have a chance to reopen your case ? Also i tried to consult 2 lawyers all that i get in response from them is 204(i) n humanitarian reinstatement is applicable incase the petitioner is deceased and also one of the derivatives should be present in the U.S. (that doesn't make sense to me)

Merrytooth: Thank you for the links, i read that and yet again they say the same thing that derivative beneficiary should be in the U.S. at the time of the death of primary beneficiary. That is absolutely ridiculous. How is that possible i simply don't get it.

From what I am reading,

It could be that the primary beneficiary / any family member is living in US legally (whether with work visa, study visa... etc), while the petition for them are pending, waiting for priority date to be current.

So if the primary beneficiary dies, the derivative beneficiary could still be eligibile for section 204(l) relief.

[sm88 0]

Yes, that is what i interpreted too, but dont you think that narrows the scope of the law limited to only those who were residing in U.S. Others should also be benefited who are not residing in U.S. but have approved petitions. I know it sounds like i am saying this because i am going through it right now but i have read many other cases who could have benefited if the law had wider perspective, not just me. oh well..