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Green card after petitioner death

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  • Green card after petitioner death

    Hello,

    My uncle, a U.S. citizen, requested a greencard for my father. Unfortunately my father died many years ago and was followed by the death of my uncle. Before passing away, my uncle informed the U.S. Immigration office about my father's death so that the green card process would stop (at least thats what he told us); however, we recently got a letter saying that my father's green card has been approved. I am not sure if the request included me and my mother ( don't know if that is possible); We were approved greencards before when my father was alive (for some reason we did not make it to the interview) my father being the main applicant but somehow me and mother were to get it too since we are family. Does the same familly principle applies to the greencard my deceased father just got?

    my questions are:

    Can I continue the process my father started so that at least me and my mother get greencards? will the U.S. immigration office had approved a greencard although they knew he had passed away? if so, what would be their motive?

    Thanks!

  • #2
    Contact an immigration attorney
    Cleveland, OH
    02/22 :N400 Mailed to Nebrasca.
    02/25 : Received at NSC.
    03/09 : FP done
    03/11 : NOA
    04/21: LUD Case transferred to local office for interview scheduling.
    04/24: Interview Letter received
    05/17: Interview and Oath
    05/17: applied for passport
    06/10: passport arrived

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    • #3
      Your father was the sponsored relative. Your mother and you were his dependents. I am afraid his passing away makes your uncle's I-130 null and void.

      Originally posted by thatgu View Post
      Can I continue the process my father started so that at least me and my mother get greencards? will the U.S. immigration office had approved a greencard although they knew he had passed away?
      Regards,
      S K Ghori
      skg@vex.net
      http://www.vex.net/~skg/

      **NOTE**
      I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

      **DISCLAIMER**
      I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

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