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Principal Death after Visa Issued

R

rafikbo76

Active Member
Hi Experts,

Our friend on another forum is in the situation mentioned in the title. In fact her husband died after their visa were issued and in CEAC Website the status is still issued. She ask if she can enter the US with her children.
Of course we do know that Dependant should enter the US after or at the same time of the principal. But another Forumate claim he did it and enter NY before her wife (the principal).

What do you think ?
 
Since they didn't enter the US before the principal died, I'm afraid they will not be able to activate their GC. I'm really sorry, it sounds like a double whammy :(

Perhaps there is some loophole somewhere. I really feel bad for their misfortune.


Ok, after googling for a bit, I found this document: http://www.wolfsdorf.com/articles/DV_Article_2004-05.pdf

If you look at page 6, it states that the spouse may be considered "an alternative principal applicant." So they should contact the Embassy and see what they say. Basically, it's at the discretion of the CO.
 
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When traveling to the United States, the primary (or principal) applicant must enter before or at the same time as family members with visas. With your diversity visa (before it expires), and your sealed packet, you will travel to a U.S. port-of-entry (often an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to grant or deny admission. Learn about admission and entry requirements on the CBP website under Travel.
 
rafikbo76 said:
Hi Experts,

Our friend on another forum is in the situation mentioned in the title. In fact her husband died after their visa were issued and in CEAC Website the status is still issued. She ask if she can enter the US with her children.
Of course we do know that Dependant should enter the US after or at the same time of the principal. But another Forumate claim he did it and enter NY before her wife (the principal).

What do you think ?
Click to expand...

Like others have said, unfortunately as they have not entered yet they lose all privileges associated with the visa and will be denied entry.

Be very careful of what other forum people "claim". People write all sorts of nonsense, and even if one person has managed to slip through the cracks due to an oversight by an official it doesn't mean it will happen for anyone else. The visas are printed so that the family members are DV2, DV3 etc. if there is no associated DV1 who has entered they will be denied entry.
 
See near the bottom of page 4 - it is unequivocal.
http://www.state.gov/documents/organization/87838.pdf

It's exactly the same as any other US immigrant visa, if the petitioner dies you lose out. It's sad but it's the way it is. The derivatives are only qualified to enter because of the principal. If the principal is no longer alive, they are no longer qualified.
 
that's one sad story its the law of DV as Susie said the type of visas they'v got is DV2 DV3 but the prinsable will have a DV1 which so important to get you and your family a GC :( :(
 
rafikbo76 said:
Hi Experts,

Our friend on another forum is in the situation mentioned in the title. In fact her husband died after their visa were issued and in CEAC Website the status is still issued. She ask if she can enter the US with her children.
Of course we do know that Dependant should enter the US after or at the same time of the principal. But another Forumate claim he did it and enter NY before her wife (the principal).

What do you think ?
Click to expand...
Oh goosh! this is a truly sad story.

INA 9 42.33 N5.2-2 states:

The death of the principal beneficiary and/or applicant must result in the automatic revocation of the application. Thereafter, derivative beneficiaries are no longer entitled to the DV classification.
Click to expand...

http://www.state.gov/documents/organization/87838.pdf

However, this rule only covers the situation where the visa is yet to be issued. The rule is intended to guide COs in situations when faced with a derivative showing up for an interview following the death of the principal applicant, it does not quite address the issue of what happens when the principal applicant dies following the issuance of the visa and prior to it's activation as is the case here.

Admittedly, the derivative visa is granted on the assumption that the PA met the requirements of getting the visa in the first place - educational or work and financial requirements in DV cases. Of course there could be the underlying factor that the PA was only able to meet the financial requirements based on the spouse's income. And there's the requirement for the derivative to enter the US either with the PA or following the PA's entrance to the US.

There is a very slim chance of a derivative being allowed into the country to activate their already issued visa if the spouse wants to give it a shot. She could request to be let in on humanitarian grounds, she should be ready to prove she has the financial means to provide for herself and her children, or that whatever financial support someone was willing to provide for her spouse as the PA is still very much available to her. Of course it will help her case too if she's able to prove she's quite capable of earning an income on her own, or that she's been an income earner prior to the passing away of her husband. It's a slim chance but worth it if she's willing to give it a shot!
 
Mom, I have seen this discussed somewhere and apart from the humanitarian angle - which generally requires a lawyer to argue - it's a no-go. It's not just DV, it's all immigration petitions. Death of the petitioner (who in this case is the DV1) voids the petition and that includes an un-activated green card. Remember no CBP officer is obliged to let anyone in even with a visa, even with an immigrant visa. Also the DV specifically states cannot enter unless the DV1 has. Sure if they are that desperate they can give it a shot but then they need to either spend money on a lawyer, which is also a time issue (before the visas expire) or take the chance that they will have wasted their airfares and be sent right back.

I'll try find the original discussion I was referring to when I have a bit more time. There was something that made it clear the revocation applies until they have entered the country.
 
Just to add maybe someone with proper legal knowledge can chip in but I seem to recall seeing that the petition does not end with issuance of a visa - it ends when the visa holder has successfully been processed at a POE.
 
Ok, I think this was what i recalled seeing. It deals with family based as that is the main route but I would guess the principles applying would be the same. The death of a petitioner after an approved petition can be saved by a substitute sponsor (only certain ones may be so, and this is not an automatic approval either) or humanitarian reasons. For the substitute sponsor however there is one big catch which would not work here even if the wife could somehow argue that she could be a substitute sponsor: the beneficiaries must already be living in the US.

http://myimmigrationlawyer.blogspot.com/2010/11/how-to-save-immigrant-visa-petition.html
 
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Thanks All of you,

I remember her first post about what she can do last March, so I believe her visa expiration is very soon and the humanitarian path (with a lawyer) is no option (I think). She asked about if she can figure on a revocation visa list and I answered i never heard about such a list. It is clear that she is looking for answers about the possibility of taken the risk and give it a try.
If she can enter the US like another forumate did (Dependant before Principal), what could be the consequences if they figure out her husband death. Do they revoke their Visa/GC or something?
 
I don't know what a revocation list is. If she is happy to take the chance then she must risk (1) being turned back at the border and put on the next flight back home or (2) the chance that if the CBP officer does (mistakenly) let her in that someone at USCIS puts 2 and 2 together and revokes the green card. I would think (1) is a very likely outcome. I am suspicious of this story that it was ok for someone else, but maybe they caught a CBP officer asleep. Believe me when that guy opens your visa packet and taps stuff into his computer, everything comes up there. They will know that the DV1 associated with those people has not entered; they may not necessarily care why,but they will know that the law says these people cannot enter because DV1 hasn't entered and is not accompanying them. CBP officials can and do refuse entry to people arriving with unexpired immigrant visas. It's rare but it happens, and it happens when there is an irregularity. And this is an irregularity.
Not sure about 2.
 
SusieQQQ said:
I don't know what a revocation list is. If she is happy to take the chance then she must risk (1) being turned back at the border and put on the next flight back home or (2) the chance that if the CBP officer does (mistakenly) let her in that someone at USCIS puts 2 and 2 together and revokes the green card. I would think (1) is a very likely outcome. I am suspicious of this story that it was ok for someone else, but maybe they caught a CBP officer asleep. Believe me when that guy opens your visa packet and taps stuff into his computer, everything comes up there. They will know that the DV1 associated with those people has not entered; they may not necessarily care why,but they will know that the law says these people cannot enter because DV1 hasn't entered and is not accompanying them. CBP officials can and do refuse entry to people arriving with unexpired immigrant visas. It's rare but it happens, and it happens when there is an irregularity. And this is an irregularity.
Not sure about 2.
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OK, thanks Susie
 
Very very sad story........indeed! This is an eye opener I guess for me and others i had never thought of such a situation happening and what would be the out come. wish them all the best in whichever way they decide to go with forward.....!!!
 
if principal applicant with derivatives died in bus accident after visa then what will be the count for issued visa??
 
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