i 130 with deceased petitioner

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xxjjccbb

Registered Users (C)
hi.. my friend's parents have an approved i 130 petition, 3rd preference category (married son/daughter of a USC).. and according to the visa bulletin, their priority date will be current next month (august 2010).. but unfortunately, the petitioner have passed away in 2003.. they were here since 2001.. they mentioned something about a new law passed recently regarding status of applications with deceased petitioners.. that eventhough the petitioner died, the petition can still be valid as long as the beneficiary was here in the US at the time of death..

will they be covered by this new law?

will they undergo the usual i-485 process?

when should they expect to here from the national visa center?

i hope someone could give us some information regarding this.. thank you
 
They might be covered, see www.ssad.org/images/Legislation_Passed_FAQ.pdf

However, is your friend in the US legally? If not, they wouldn't be able to file I-485 (even if the petitioner was still alive), and leaving the US would likely subject them to the 3-year or 10-year ban, depending on how much unlawful presence has accumulated since their legal status expired.
 
thanks for the information..

my friend is here legally and is a permanent resident.. his parents are the beneficiary of the approved i 130 filed by his grandfather who is a USC.. the grandfather passed away in 2003.. his parents have a pending employment based petition, i think they are working and using EAD.. that counts as legal presence right? so they are going to file another i-485, this time based on the approved i 130 in FB3 category? is a case like this complicated and needs an attorney? or could they do it by themselves? thank you again
 
xxjjccbb said:
his parents have a pending employment based petition, i think they are working and using EAD.. that counts as legal presence right?
Click to expand...

Yes, when their PD is current they could go ahead and file an I-485 based on the 1-130 filed by the grandfather. I don't think they'll need a lawyer, but they might have to quote that new law and provide evidence of living in the US at the time of his death and since his death.
 
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