Pending Petition for Child

[RJ5254 0]

My aunt in the Philippines was petitioned thru siblings about 20+ years ago. The application finally went thru and my aunt and her 10-12 year old son were already prepared to migrate over early 2008. Paperwork was already in place, and they were already to pick up their passports next week.

Unfortunately, my aunt suddenly passed away last night. This obviously voids her application... However, does that jeopardize (or void) any chances of her 10 year old son migrating here? What are the chances that he has the opportunity to migrate here on his mom's application?

Thoughts please.

[RandyandRina 2]

I sure heard that the only time that the application is revoked is if when the petitioner dies, but not the beneficiary. I have this link found directly from US Embassy in Manila website.

Petitioner has died: When a petitioner dies, the visa petition filed for a family member is automatically revoked and returned to the Immigration Service office where it was filed. Beneficiaries may request the reinstatement of the petition for special humanitarian reasons but this should be done through the U.S. Citizenship and Immigration Services (USCIS). Applicants may contact the U.S. Department of Homeland Security office at U.S. Embassy Manila for more information about reinstatements for special humanitarian reasons of visa petitions. Attempts to conceal a petitioner's death will only jeopardize an application and may render applicants permanently ineligible to enter the United States. Note: If a petitioner has passed away and the USCIS reinstates the petition, a new I-864 Affidavit of Support will be required from a new sponsor.

http://philippines.usembassy.gov/wwwh3219.html

Edited November 2, 2007 by RandyandRina

[RJ5254 0]

I sure heard that the only time that the application is revoked is if when the petitioner dies, but not the beneficiary. I have this link found directly from US Embassy in Manila website.

Petitioner has died: When a petitioner dies, the visa petition filed for a family member is automatically revoked and returned to the Immigration Service office where it was filed. Beneficiaries may request the reinstatement of the petition for special humanitarian reasons but this should be done through the U.S. Citizenship and Immigration Services (USCIS). Applicants may contact the U.S. Department of Homeland Security office at U.S. Embassy Manila for more information about reinstatements for special humanitarian reasons of visa petitions. Attempts to conceal a petitioner's death will only jeopardize an application and may render applicants permanently ineligible to enter the United States. Note: If a petitioner has passed away and the USCIS reinstates the petition, a new I-864 Affidavit of Support will be required from a new sponsor.

http://philippines.usembassy.gov/wwwh3219.html

RandyandRina,

Thank you for your information. I read online that it the petition is revoked once the applicant passes away, and they are unable to grant visas to the applicant's derivatives.

Good luck on your interview!

[RandyandRina 2]

You know what, I have been thinking about my response here regarding your concern. I remember watching a show by Michael J. Gurfinkel, a well known Immigration Lawyer in the Philippines, that once a beneficiary dies, the petition ends at well and can not be transferred including the applican't derivatives.

My sincerest condolences to the whole family

[RJ5254 0]

You know what, I have been thinking about my response here regarding your concern. I remember watching a show by Michael J. Gurfinkel, a well known Immigration Lawyer in the Philippines, that once a beneficiary dies, the petition ends at well and can not be transferred including the applican't derivatives.

My sincerest condolences to the whole family

Thank you for the condolences - Our family flew back to the Philippines to attend the funeral. Gurfinkel did help one of my friends who was featured on his show and Wowowee.... hopefully he can help our case. Thanks.