Family GC category 4, direct beneficiary died, is derivative beneficiary eligible

S

smala

Registered Users (C)
Hi,
I appreciate your help.

My uncle sponsored his brother's (my father) family for family based GC in 1980s and dates became current in 1999.

We got communication from US Consulate in India to go for Visa in Chennai. But my father, who is directly related to sponsor, died one month before dates became current. Now is my mother eligible for GC?

My father was direct beneficary and my mother is deivative beneficiary. Is she eligible for GC now.

Thanks
Sunada
 
Please help me out

Hi,
I appreciate your help.

My uncle sponsored his brother's (my father) family for family based GC in 1980s and dates became current in 1999.

We got communication from US Consulate in India to go for Visa in Chennai. But my father, who is directly related to sponsor, died one month before dates became current. Now is my mother eligible for GC?

My father was direct beneficary and my mother is deivative beneficiary. Is she eligible for GC now.

Thanks
Sunada
 
The petition is considered terminated upon death of the beneficiary.

Your mother has no direct blood relationship with your uncle.

You may want to consult an attorney and see if your mother can keep the petition active under harship grounds.

I am not an attorney.
 
Thanks COLABA

I will check with attorneys. I called INS two times regarding this, they gave different opinions. Ons says my mom is eligible as long she is listed in the letter, other one says not eligible as you said, she is in-law to my uncle.

Let us see what lawyers are going to say about this. I appreaciate your answer.

Thanks
Sunada
 
I am guessing that you are in USA. INS is notorious for giving conflicting information ( like the IRS). It may not be a bad idea to contact the US Consulate in India via email or by phone.
 
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