I applied GC for my sister in 2008, she passed away few weeks ago in a Tragic road accident at a young age. At the time of application, principal beneficiary was my sister and I had listed her Son and husband along in the application.
I want to know what happens to the petition? Does my Nephew/brother-in-law stand a chance of applying whenever the visa numbers become available?
I researched on this a bit and found Pres Obama's Oct 2009 Humanitarian revalidation bill talking about similar situations
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On October 29, 2009, President Obama signed into law the Department of Homeland Security Appropriations Act, which contains provisions that may benefit aliens in the US who are under petition, but their “qualifying relative” has died. This new law allows people who are under petition (and their spouses and children where applicable) to continue to be eligible for adjustment of status, where the petitioner has died, or even in some cases where the principal beneficiary has died.
In the past, if a person was under petition and the petitioner died, the petition was also considered "dead," unless the person applied for and was granted "humanitarian revalidation." However, it was extremely difficult for people to qualify for humanitarian revalidation. In addition, under the previous law, if the principal beneficiary died, then their surviving family members would not even have the opportunity to apply for humanitarian revalidation.
"
Does my situation qualify for the above Humanitarian bill?
Thanks in advance for all your help
I want to know what happens to the petition? Does my Nephew/brother-in-law stand a chance of applying whenever the visa numbers become available?
I researched on this a bit and found Pres Obama's Oct 2009 Humanitarian revalidation bill talking about similar situations
"
On October 29, 2009, President Obama signed into law the Department of Homeland Security Appropriations Act, which contains provisions that may benefit aliens in the US who are under petition, but their “qualifying relative” has died. This new law allows people who are under petition (and their spouses and children where applicable) to continue to be eligible for adjustment of status, where the petitioner has died, or even in some cases where the principal beneficiary has died.
In the past, if a person was under petition and the petitioner died, the petition was also considered "dead," unless the person applied for and was granted "humanitarian revalidation." However, it was extremely difficult for people to qualify for humanitarian revalidation. In addition, under the previous law, if the principal beneficiary died, then their surviving family members would not even have the opportunity to apply for humanitarian revalidation.
"
Does my situation qualify for the above Humanitarian bill?
Thanks in advance for all your help