In My Time of Dying

[kashmir]

If the primary I485 applicant were to die before getting approved, what would happen to dependents ?
Would they lose their legal status to stay in the States immediately ?

[reach_honey]

even now i think that before 485 would get approved I would trun old and might day.
But I think From I485 every person becames independent. So it should not effect even if such things happen

[ben2000]

Kashmir, I hope you are just making a joke. I read some discussion about this in VSC forum before, I found those links for you:


http://www.immigrationportal.com/sho...threadid=94046

http://www.immigrationportal.com/sho...threadid=83912

http://www.immigrationportal.com/sho...threadid=60027

[140_takes_4ever]

Kashmir,

If the primary applicant of an AOS dies, then based upon where the dependents are in the application process, the following happen:
1. If RFE (which you know occurs only too often these days) has been issued after the death, then the lawyers cannot reply with follow up documents and the entire AOS application is buried and the dependents are out of status. They will have to leave the country immediately.

2. In case the primary applicant dies after RFE but before Approval, then the dependents will legally bound to inform INS about the death of the applicant, can choose to ignore the issue and be issued with Green cards. The only proviso being, at the time of renewal of the GC or application for citizenship, it might be constituted as fraud if INS checks back and finds out that the primary applicant died before approval.

Good luck!

[Soumy]

What if the adjugating officer dies and carries the approval notice with him to the grave??

The applicants are anyway halfway there with this wait which is killing everyone..

[PCee]

kashmir,

I think you asked some what similar question few weeks back! I am wondering why you are worried so much about it! In your question there are two parts 1. Primary applicant passing away before AOS approval, 2. What BCIS will do in such a situation.

Unless there is some real health problem (one knowas about it), normally if you look into statistics one should not worry about 1st case happening (passing away). In such case there is no point of thinking of 2nd point and worring about it.

I hope and wish that you are well and will do fine in futer also and live longer.

With very best wishes
PCee

[waitn2long]

Kashmir,

There's a whole lotta love for you on this board. Our stairway
to heaven is a long long time in the future.

Let's rock'n roll!

[kashmir]

I have a daughter who started her new college life apart from me from this semester,
and I want her to establish her own life in this country because she really wants.

However, I got involved in a car accident recently.
My car's damage was total loss, and I might have been almost killed.
Fortunately, I am still alive.

I don't think an auto insurance guarantees her green card.
I wanted to know if she has any option in case something serious happens to me.

Thanks for your replies and useful information,
-kashmir

[140_takes_4ever]

kashmir,

Terrible to hear about the accident. Hope you are hale and well now.

I can understand where you concern is coming from. It is probably something all of us should think about for our dependents, but who thinks about all these things unless an experience such as yours brings lifes most important things to the forefront.

Best wishes to you and your family.

[heeha]

Kashmir,

I'm really sorry to hear that. I'm glad to know you are doing okay. These kind of things can happen in life and one has to be prepared.

Drive safely

[mango_pickle]

Kashmir,

First of all, I am glad you are doing good.
Things like that remind everyone of God's existence and help that goes thankless most of the time. Have faith in God. You will be approved soon and all be well & healthy.

[ND022202]

kashmir's question makes sense, especially in South California. I myself was in two car accidents, one on the 8th day of landing in US.
Now, about kids. I read recently somewhere like shusterman.com, I don't have the link at hand, it says that if a kid has been staying in US for 5 years in whatever status, it can apply for GC separately. This thing was done to allow kids of illegal immigrants to enter college. So, just hang in there for 5 years...

[kashmir]

I got a reply from my attorney as follows:

Since your family's cases are dependent on yours, you must be alive in order
for them to benefit from the applications. If you die before you and your
family are granted permanent residents, the application dies with you so
your family cannot benefit from the petition.

[kashmir]

Originally posted by ND022202
...
Now, about kids. I read recently somewhere like shusterman.com, I don't have the link at hand, it says that if a kid has been staying in US for 5 years in whatever status, it can apply for GC separately. This thing was done to allow kids of illegal immigrants to enter college. So, just hang in there for 5 years...

I think it is DREAM Act / Student Adjustment Act.
http://www.immigration.com/improving...t_details.html

[peter23]

Kashmir,

I'm very sorry to hear about your accident. Best wishes for a speedy recovery.

Best wishes,

Peter

[ND022202]

"A) The DREAM Act

On June 25, the Senate Judiciary Committee approved a bi-partisan bill, S.1291, which would allow students between the ages of 12 and 21, who have resided in the United States for longer than five years, to apply for adjustment of status upon their graduation from high school. The proposal would also give states the option of granting in-state resident tuition rates for undocumented children applying to colleges. The bill was developed and written by Senators Orin Hatch (R-UT) and Richard Durbin (D-IL), and was passed by the Judiciary Committee over the opposition of Senators Jon Kyl (R-AZ) and Jeff Sessions (R-AL). "

http://www.shusterman.com/jul02.html - Shusterman immigration update July 2002.

[sheelum]

Dear Kashmir,

I am glad that you survived the accident. Cars can be fixed/replaced but not men!

I know there are a lot of us who will pray for you. You will be fine!

Regards,
Gopal

[kashmir]

Sorry but I meant "I might have been almost killed." (... I need to improve my English.)

My car was scrapped, but miraculously I was not injured even though I felt strongly shocked at the accident.

Have a nice long weekend,
-kashmir

[karma_yoga]

kashmir,

I am glad that you are ok and I am sure that there are many on this portal, shares the same feeling. somebody already said on this thread, there is lots of love for you here. There are not many people like you, who think "through" problems and actually "Do" something about it, no matter how much/less important it is.

Be assurred that, Blessings do have power and there are lots of blessings with you, from many people whom you don't know.

With regards,
karma_Yoga.

[Edison]

Originally posted by longwait_2001
HI Kashmir,
Very sorry to hear the news. I couldn't even dream of any such thing happening any of us.

While talkiing on education of kids, here is my friend's case.

His 6th year H1b period ends in March and Labor is not filed yet. So he has to go back ot his native country. His son studies in 10th grade. Unless he goes to school till July he can't get a certificate here in US.

Back in the native country you cannot write the 10 class exams just going there in March/April.

What should my friend do?

Your friend can stay here by converting to visitor visa and his son can convert to F1 and complete his studies. Hope this won't cause much pain for few months.

[Edison]

Kashmir,
Sorry to hear about the accident. I'm happy that you are doing fine.
I can understand your feelings since I went through the same thing few months back.
The only thing what we can do for our family is Life Insurance.

[waitingforbreak]

Sorry about your near death experience Kashmir. But good news is you're fine! Do not dwell too much about what will happen to your daughter once you are gone, although, you will be amazed at how resourceful youngsters can be nowadays. She's going to be just fine, especially with a father who cares so much for her happiness. I hope you let her know how precious she is, sometimes we never let the loved ones know how we feel about them and then one fine day we die and they never get to know.

[hero123]

Hi Kashmir,
Hope you are doing well now.
Wish you speedy recovery

[sanb]

Kashmir I totally understand what you mean.
I've always felt the huge responsibility on my shoulders as my son is now nearing college age and I just want to get the GC quick so that at least he can have a life he wants.

[Pork Chop]

hi kashmir,

i happened upon this thread (i usually lurk in the NSC forum), and i was sorry to read about your accident, and glad to know that you are ok. i know, you must have been shaken up.

i have often thought about this issue myself, and have marvelled at the fact that my whole family's future hangs by the threads of my existence, and my employment.

if these threads were to be broken, it would be devastating for my family. for older kids of schoolgoing or college age, the DREAM act offers some hope. my son is a kindergartener at 5, and my daughter is only 18 months old. while my daughter is a u.s. citizen, my son cannot benefit, as far as i know, from the DREAM act. anyway, i just hope everything goes well for all of us in this wretched immigration business, at least until approval.

best of luck!

[gracgom]

This would be a good time to educate and encourage your wives to be employed and independent instead of depending on you for their survival

[kashmir]

Thank you for your hearty words !!

My wife and I are back from a short trip.
There, we met our children and spent happy hours.
I feel really blessed with everything.

I hope God bless poor BCIS and Special Immigrant Religious Workers, too.

[kashmir]

On 9/11/2003, my wife also got a car accident.
Fortunately, she is almost OK.

On the same day two years ago, thousands of people were killed by the terrorist attack.
However, the probability to be killed by a car accident is much bigger than one as a victim of terrorism.

[long_wait_4_gc]

in the US, any serious accident or something can cause some serious financial damage and ruin.

Suggest you take out a simple insurance policy for disability which covers upto 60% or so of your existing salary and also a life insurance policy so life can go on without you.

You will be surprised how cheap both these insurances are especially if you are young.

LongWait

[kashmir]

Originally posted by long_wait_4_gc
in the US, any serious accident or something can cause some serious financial damage and ruin.

Suggest you take out a simple insurance policy for disability which covers upto 60% or so of your existing salary and also a life insurance policy so life can go on without you.

You will be surprised how cheap both these insurances are especially if you are young.

LongWait

Hi, long_wait_4_gc,
Thanks for your advice.

But I don't worry about a financial damage because I think I have enough life insurance policy with AD&D option.
However, the insurance never cover dependents' legal status and green cards in case of primary applicant's death before getting AOS approved.