Beneficiary passed away

[SusieQQQ 11,587]

29 minutes ago, Akayk said:

Correct me if I am wrong as I am trying to learn. I was in an assumption if the case was filed under the grandfather law there was no age limit. 

Yes agreed about driver license. How would the status check come back positive and driver license be issued? If I recall correctly when you have a green card they send your information to USCIS for status confirmation. 

I guess someone was right, I need to talk to a good attorney and see what they say 

No, that is not correct. The grandfathering in terms of passing on benefits despite beneficiary's death applies to original valid beneficiaries, but he was never a valid beneficiary to begin with as he would have had to be under 21 (and unmarried by the way) to be a derivative. 

You’re welcome to use a lawyer of course.  You’ll need one anyway to figure out your brother’s status and what to do about it.

[Longingfor 195]

16 hours ago, Akayk said:

Hello there

My aunt had filed for i130 for my dad and all family member names were on it. My dads petition got approved in 2009 and was waiting for his visa availability. Unfortunately my dad passed away 4 years ago and recently checking the USCIS website, we came to know the visa was available. 

Can the kids benefit from it? We have been in United States for last 22 years. We have no ties to India. This is more home for us. Haven’t been back since.  I am an American citizen, my mother is a green card holder only person left is my older brother. He had a conditional green card from his previous marriage, as the marriage ended up in divorce he didn’t file for removal of condition. It’s been 14 years. He has a 10 yr old daughter here as well. She was born in nyc. My aunt had filed for family immigration in 2004. Can something be done about this case?

if you can guide me in the right direction, I’ll highly appreciate it. 

Best regards 

Contact USCIS to be better guided.

When I attended my interview in January 2018 therw was a family who was there and the beneficiary passed away in September 2017. They were allowed to be interviewed after the CO made a few checks.  I cannot say if they were approved or not but they got all they way to the interview.

 

Please contact USCIS the embassy in your country NVC and the State department. These are the entities that will be better suited to guide you.

[SusieQQQ 11,587]

5 hours ago, Akayk said:

Correct me if I am wrong as I am trying to learn. I was in an assumption if the case was filed under the grandfather law there was no age limit. 

Yes agreed about driver license. How would the status check come back positive and driver license be issued? If I recall correctly when you have a green card they send your information to USCIS for status confirmation. 

I guess someone was right, I need to talk to a good attorney and see what they say 

Just to clarify something that you may not realize, “child” has a specific meaning in immigration law - that is, an unmarried child aged 21 or under. This is why the F2B and F3 immigration categories (for over 21 and/or married) refer to “sons and daughters” rather than “children”.  

 

Also...If your brother is in valid green card status, as you say he must be to get a drivers license in Florida, then why are you even bothering with all this??  

[Ontarkie 14,510]

~~Moving this thread as it is not a DCF process to Bringing family of USC.~~

Edited March 27, 2018 by Ontarkie

[NigeriaorBust 4,087]

  How long had he been married to his ex when he got his first green card.   I suspect he really has an expired permanent card rather than a conditional one