Los Angeles, CA asked in Immigration Law for California

Q: Will Death of a petitioner cancel the application in family based immigration ?

My freind's mother in law applied for immigration back in 2004 for her son , wife and the two kids. They have been interviewed as of June 2016 but due to new requlations, the case has been pending in administrative processing stage since then. The mother in law passed away recently , what will happen to their case? What steps should be taken to maintain the process of the case? the family is experiancing hardship . ( this is a f7 family immigration case) thank you.

Related Topics:
1 Lawyer Answer

Allen C. Ladd

  • Immigration Law Lawyer
  • Greenville, SC

A: This is a gray area. Send the death certificate with request for humanitarian review. Do this through an immigration lawyer. In any event, the Form I-864 Affidavit of Support by the petitioner (US citizen mother) will likely need to be replaced with the I-864 of another USC/lawful permanent resident (LPR).

BTW, this looks like an "F3" family-based 3rd preference case, USC parent filing for [married adult child + son/daughter-in-law and grandchildren] family unit. There is no "F7" category; I'm assuming you were reading something handwritten.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.