Death of Principal Applicant and Follow to Join Children

[Alex Canas 0]

Hello Everyone:

I am stuck. I am working on a case where the principal applicant came to the United States as an LPR after his US Citizen Mom petitioned for him in 2010. He died in 2019 and his follow to join children never came to the US. Now the petitioner wants to bring the follow to join children here. The Consulate in El Salvador responded by telling me:

"According to the law, if the principal has died or lost status, or the relationship between the principal and derivative has been terminated, there is no longer a basis to following to join. This consular section is unable to process these applicants as follow to join"

How true is this?? PLEASE HELP. I cant find anything in the Foreign Affairs Manual.

[arken 4,197]

US Consulate is the one issuing visa and if their formal response is that, i think that is what it is.

 

From another US Embassy

https://do.usembassy.gov/death-petitioner-principal-applicant/
 

Please note, however, that if it is the principal applicant who has died, the consular officer will not be able to issue visas to the derivative applicants even if the petitioner is still alive.  Humanitarian Reinstatement is not permitted for derivative applicants if the principal applicant has died.

 

 

[Lil bear 4,228]

Moved to “Effect of major family changes on immigration benefits “ where similar issues are discussed 

[Crazy Cat 41,903]

24 minutes ago, Alex Canas said:

Hello Everyone:

I am stuck. I am working on a case where the principal applicant came to the United States as an LPR after his US Citizen Mom petitioned for him in 2010. He died in 2019 and his follow to join children never came to the US. Now the petitioner wants to bring the follow to join children here. The Consulate in El Salvador responded by telling me:

"According to the law, if the principal has died or lost status, or the relationship between the principal and derivative has been terminated, there is no longer a basis to following to join. This consular section is unable to process these applicants as follow to join"

How true is this?? PLEASE HELP. I cant find anything in the Foreign Affairs Manual.

I am no expert, but my understanding is that the consulate is exactly correct.

[SusieQQQ 11,586]

That is correct and the embassy response is in fact quoted almost directly from the uscis manual, which says “The term “following to join,” as used in INA 101(a)(27)(C) and INA 203(d), permits an alien to obtain an NIV or IV and the priority date of the principal alien as long as the alien following to join has the required relationship with the principal alien.  There is no statutory time period during which the following-to-join alien must apply for a visa and seek admission into the United States. However, if the principal has died or lost status, or the relationship between the principal and derivative has been terminated, there is no longer a basis to following to join.” 
 

under 9 FAM 502.1-1(C)(2) https://fam.state.gov/FAM/09FAM/09FAM050201.html

 

Without a principal there is no relationship and thus no basis to gain/use a derivative benefit. Hopefully they will have another avenue to immigrate. Good luck.