In My Time of Dying

K

kashmir

Registered Users (C)
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 ?
 
Good one KAshmir

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:eek:
 
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!
 
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..:)
 
why?

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
 
"thank you"

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!
 
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
 
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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.
 
Sorry to hear that

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 :)
 
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.
 
after 5 years kids can start their own process

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...
 
reply from attorney

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.
Click to expand...
 
Re: after 5 years kids can start their own process

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...
Click to expand...
I think it is DREAM Act / Student Adjustment Act.
http://www.immigration.com/improving_immigration/dreamact_details.html
 
Kashmir,

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

Best wishes,

Peter
 
yes this is DREAM Act

"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). "
Click to expand...
http://www.shusterman.com/jul02.html - Shusterman immigration update July 2002.
 
Dont' worry! You will be fine!

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
 
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Thanks, I am physically OK now.

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
 
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.
 
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?
Click to expand...

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.
 
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