Will the dependent be able to get the plastic card?

L

luk12

Registered Users (C)
First of all, I like to thank all of you for your support and helpful advices in the past a few months.

My case has been approved on 7/30/03 after RFE, 2nd FP and lots of worries, fears. I had my passport stamped on 8/4/03. The primary's case has been approved on 4/16/03. But my spouse passed away during an accident before the approval date. So there is no chance for my spouse to have the passport stamped.

I am wondering if BCIS will go straight to process my plastic card as an independent case or they will check the primary applicant's stamping and plastic card processing situation first before processing my plastic card? I guess when they were approving my case, they must make sure that the primary was approved first. Will they do that check again when they are processing the plastic card? If that is true, highly likely I won't be able to get the card.

When I went for stamping, the BCIS officer didn't ask any questions related to the primary applicant at all. The stamping was done quickly. Will that be a good sign?

I don't have a lawyer. We did all the paper work by ourselves. So your opinions and suggestions will be highly appreciated.

Thanks!

Rd: 11/23/01
Nd: 12/12/01
FP: 1/24/02
RFE: 4/24/03
RFE received by BCIS: 5/28/03
2nd FP: 6/30/03

AD: 7/30/03
Stamped: 8/4/03
Plastic card????
 
Found this on another forum...might help

http://www.hpolatsek.com/forum3/index.php?p_lng=&p_days=15&p_cmd=entry&p_entry=84

Initial Post:
"Death During Employment Based I-485 process?
If the primary applicant dies before the Employment Based I-485 is approved, what happens to the dependandants? Are thier EADs canceled? Do they still have valid status? Will they still get green cards in the end, or will the case be denied because of the primary"s death?"


Reply from Lawyer:
"Technically speaking, if the principal I-485 applicant dies before the I-485 is approved, the derivative applicants (spouse and/or children) are NOT entitled to permanent residence -- it is doubtful that BCIS will learn that the principal applicant has died until the case is ready for adjudication -- that being the case, the I-485 applications will remain PENDING and while any I-485 is pending the derivative I-485 applicants will continue to be able to apply for and receive EAD's"
 
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