F4 Visa Principal applicant passed away month before the immigration interview. Can the derivative beneficiaries still immigrate?

[Akash.Bajaj 0]

The Immigrant Visa interview for my mother and our family was scheduled to take place next month. Unfortunately, due to a tragic event, my mother, who was the principal beneficiary of this immigrant visa application, passed away last week.

The visa appointment, bio metrics appointment, and the medical exam appointment are still scheduled to occur. However, in light of the devastating events of the last week, is there a way by which the US Constitute may continue the application for the derivative beneficiaries of the application, and substitute my father as Principal Beneficiary?

If not, what are the options available for us to immigrate now?

[Hypnos 6,578]

Sorry for your loss.

The answer is yes - under certain circumstances.

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

Edited April 27, 2016 by Hypnos

[Akash.Bajaj 0]

I have gone through this section & It states some "residency" requirements.

I am not sure if I fulfill these requirements or not. I was in US in February 2015 (15 days), May 2015 (50 days), December 2015 (15 days). However, when my mother passed away in April 2016 (two weeks ago), I was in India and I am still in India.

Kindly suggest if we are still eligible or not.

[aaron2020 11,651]

Sorry, but the case is over. There is no way for you to immigrate when the principal beneficiary dies and the derivative beneficiaries are residing abroad.

Sorry.

[aaron2020 11,651]

http://santodomingo.usembassy.gov/iv-faq-answers.html

What happens to the derivative beneficiary's case if the principal beneficiary dies?

If the principal beneficiary dies at any time before the derivative beneficiary immigrates to the United States, the consular officer will not be able to issue a visa to the derivative beneficiary. Humanitarian reinstatement does not apply in such a case, though humanitarian parole may be an option. Please see 9 FAM 42.1 N4 (PDF, 149 Kb) for more information on humanitarian parole.

--------------------

Humanitarian parole does not confer any immigration rights. It just lets a person in temporarily under certain conditions. None of which will apply to your family.

Sorry for your loss. Sorry that your family can not immigrate to the US.

[Hypnos 6,578]

As stated, if none of the derivative beneficiaries reside in the US then relief cannot be claimed under 204(l) and your visas will be denied.