legal status after sponsor's death

T

tramvc

New Member
Hi,

Unfortunately a friend of mine recently died due to some medical issues. His parents are here in US and are going through green card processing. They also have an an EAD.

They want to go back to India as soon as they wrap up setting his financial and property related matters. They have no interest in pursuing GC.

I have following questions for experts:

1. What is their current status considering that their GC sponsor is not alive anymore?
2. How long can they stay in the country?
3. Is something needs to be done to extend their expired I-94?

Please reply ASAP.

Regards.
 
tramvc said:
Hi,

Unfortunately a friend of mine recently died due to some medical issues. His parents are here in US and are going through green card processing. They also have an an EAD.

They want to go back to India as soon as they wrap up setting his financial and property related matters. They have no interest in pursuing GC.

I have following questions for experts:

1. What is their current status considering that their GC sponsor is not alive anymore?
2. How long can they stay in the country?
3. Is something needs to be done to extend their expired I-94?

Please reply ASAP.

Regards.
Click to expand...
Please accept my condolences on the passing of your friend. Take a look at:

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9

I think the parents meet the requirement for the continued processing of their green card applications. I realize that they have no interest in pursuing that any further but, at least, they should be able to stay in the US until they can take care of their financial matters.
 
While they are still in the US, they should still be able to get the petition reinstated and get green cards. Are they sure they don't want to?

They do not have a status since their I-94 expired. They are staying legally because they have a pending I-485. Their I-485 will probably not be immediately denied, because USCIS doesn't know about their child's death yet. So they have some time to get things taken care of.
 
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