F-1 Deceased: Orphaned grand children options

[Mundo254 49]

Any advice/directions on the options for immigration for now orphaned grandchildren?

Petitioner: US Citizen

Principal Applicant: Deceased son

Derivative applicants: His 2 daughters (19 and 13 years)

Case at NVC (DQ'd) but not current (PD May 2015)

F Category: Was at F2B but automatically moved to F1 when petitioner naturalized.

 

Side Question: Can the adoption route be pursued by their grandmother and petition filed a fresh for IR3 Visas?

 

Thank you so much for your valued advice 🙏

 

 

[Boiler 45,488]

I take it that they are not in the US and the Mothers has also passed?

[aaron2020 11,651]

Hi,

 

Condolences.

 

Unfortunately, the petition is automatically revoked when the beneficiary died.  Notify the NVC to end the case. 

 

The 19 years old is an adult and would not be eligible for an immigration benefit if adopted.

 

The 13 years old could be adopted and immigrate.  Go see an immigration attorney about this.  

Best of luck.  

[Mundo254 49]

12 hours ago, Boiler said:

I take it that they are not in the US and the Mothers has also passed?

Yes, they are not in the US. Their mother passed 12 years ago.

[Boiler 45,488]

Maybe the 13 year old but will be complicated, the combination of adoption and immigration law.

[Mundo254 49]

15 hours ago, aaron2020 said:

Hi,

 

Condolences.

 

Unfortunately, the petition is automatically revoked when the beneficiary died.  Notify the NVC to end the case. 

 

The 19 years old is an adult and would not be eligible for an immigration benefit if adopted.

 

The 13 years old could be adopted and immigrate.  Go see an immigration attorney about this.  

Best of luck.  

Exactly my thoughts. Thank you so much for your advice.