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.
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.
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