Death of Alien Relative - How does it effect GC application ?

W

wizards

Registered Users (C)
Hi All

This is a strange situation. Please let me know if you any of you know what to do in this case.

" Person A applied for Immigration through family member (Family member is a sister of person A) under Fourth Preference Category. The data given by USCIS for this application is August'1994. I believe once the visa number is available Person A will be eligible for applying for next step.
Heres the problem, Alien relative who filed the petition is dead about 3 years back. In this circumstances does the old application filed in 1994 is still valid.
Can anyone please tell me if USCIS needs to be updated in the change of situation. Should spouse of the alien relative re-file the petition ?

Please let me know what should Person A be doing now ?

Thanks
-Q
 
I like puzzles

Here is how I unscrambled this one:


The US citizen sister filed i-130 for her (married?) sibling back in 1994. The visa number is about to become current, although her sibling (the alien, who wished to immigrate) is dead.
But his/her spouse is well and wishes to peruse that petition.
So, the question Wizards asks – can a widow(er) of a dead beneficiary derive benefits from his/her sister-in-law’s petition and proceed with I-485 once visa number is available?
 
I rather do Sudoku quizzes

Jane Green said:
Here is how I unscrambled this one:


The US citizen sister filed i-130 for her (married?) sibling back in 1994. The visa number is about to become current, although her sibling (the alien, who wished to immigrate) is dead.
But his/her spouse is well and wishes to peruse that petition.
So, the question Wizards asks – can a widow(er) of a dead beneficiary derive benefits from his/her sister-in-law’s petition and proceed with I-485 once visa number is available?
Click to expand...

I don't think a widow/er is eligible for a family based immigration. Period
 
Sorry Guys...i guess i confused everyone

Sorry guys i guess i confused everyone...
let me try to explain again.

Person A is the alien who wish to immigrate, but her sister (US Citizen who filed petition for Person A) is dead.
Now the question is can Brother in Law( US Citizen) of Person A refile the petition or can he submit affidavit of support.

Sorry for confusing everyone...i am not very familiar with terminalogy of immigration.

Thanks
-Q
 
wizards said:
Sorry guys i guess i confused everyone...
let me try to explain again.

Person A is the alien who wish to immigrate, but her sister (US Citizen who filed petition for Person A) is dead.
Now the question is can Brother in Law( US Citizen) of Person A refile the petition or can he submit affidavit of support.

Sorry for confusing everyone...i am not very familiar with terminalogy of immigration.

Thanks
-Q
Click to expand...
It's not about the terminology, it's about logic. The USCIS determines who's eligible and who's not when it comes to "immigration through a family member". In-Laws are not. It's that simple. There's only spouses and direct relatives like parents and children, brothers and sisters. No in-laws.

This link is already all over this board and I post it once again so you can read it all by yourself. It's not rocket sience.

http://uscis.gov/graphics/services/residency/family.htm
 
Thanks for your reply rex

Hi Rex

Thanks for the reply. I read the link you sent.

Sorry to bother you but can you please answer this ?
Since the petition was already filed long back (In 1994). Does the petition becomes invalid because the person who filed the petition is dead now? Is there a way to still keep it valid?

Thanks
 
wizards said:
Hey Rex

I finally found the info am looking for.
Its called “substitute sponsor”. Its Legal and In-Laws can be sponsors.

Check out this link
http://uscis.gov/graphics/howdoi/affsupp.htm
What is a “substitute sponsor” and how can I be one?
Click to expand...

well, wizards, since unitednations already answered your basic question, here is my reply anyway.

In-laws can, of course, be co-sponsors/substitute sponsors, because you basically can pull anybody from the street.
But they can't file I-130 for their in-law relative, only direct relatives are eligible to file that form.
I hope that really answers your question.
 
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