Introduction
Losing a Petitioner - A Very Painful Experience.
Immigration is a complex process, which can create a lot of pressure. The loss of a Petitioner can be a tremendous blow to a Residency Application. It can leave the applicant feeling that they have been wronged, and put into question their rights and future.
This article will explore what this means to you and how you can continue on your journey of Immigration.
What does this mean to you and your current pending applications?
How can you avoid getting stuck in the ever changing world of Immigration?
Define the Role of the Petitioner in Immigration Cases
Immigration can be confusing. Although a foreign national has started the residency processing for foreign nationals for a green card or visa, it does not mean that the foreign national will be granted in time for his or her loved ones. For the most part, the foreign nationals are being processed for residency by U.S. citizens or by lawful permanent residents with qualifications that are related to the foreign national, such as for the foreign national’s spouse, children or even siblings of the U.S. Citizen or lawful permanent resident. As the petitioners for the foreign national to receive residency, you, as the U.S. Citizens or lawful permanent residents, will be required to complete and file the required Immigration Forms and to provide evidence to prove your relationship with the recipient(s) of the residency benefits. You will also be required to establish that all of the qualifying recipient(s) of the residency benefits are also eligible for the granted residency benefits.
We handle I-130 Petitions for Alien Relatives (also referred to as Immigrant Petitions for Relatives) of foreign national clients and their corresponding US Citizen or lawful permanent resident family members. In these types of situations, the foreign national in question is typically a qualifying relative to that of the petitioner (i.e. spouse, child, parent, or sibling to the US Citizen or lawful permanent resident), and the I-130 Immigrant Petition will attempt to qualify the qualifying relative of the foreign national for a green card and/or corresponding visa in order to be allowed to reside in the US on a permanent basis.
It’s hard to keep track of the status of your loved ones. It’s important that they get the help that they need in order to obtain their visa. That’s why Vasquez Law Firm wants to make sure that everyone gets the justice that they deserve. Here at Vasquez Law Firm, we make legal representation accessible. There are no upfront costs and we have payment plans that are flexible. We can help you through the difficult visa process by meeting with you and our attorneys for your free initial consultation. In that meeting with our attorneys, we can meet with you to discuss the details of your case and give you the personalized legal advice that you need. This would help you to understand your legal options and help you in making a decision as to how to proceed with your situation.
Examine Legal Consequences of a Petitioner's Death
Residency cases are usually terminated when the applicant dies. However, there are exceptions to this rule, as described below. Specifically, the situations where the residency of a beneficiary of a deceased sponsor/petitioner will continue are:
- Beneficiaries of deceased petitioners who are in the process of being approved for permanent residence, and who are outside the U.S. (typically because they are from very far away), and who would otherwise be required to return to the U.S. in order to be admitted as permanent residents (i.e. granted Green Cards) within 1 year of the approval of their application for permanent residence.
- Spouses and children of deceased U.S. citizens. These individuals are eligible to continue their application for permanent residence even after the death of the sponsor/petitioner, as described in greater detail below.
There are exceptions to the rule above under INA § 204(l) that apply to the families of deceased sponsors. Specifically, the spouses and children of U.S. citizens can continue their applications for Green Cards even after the Sponsor has passed. The special conditions and requirements of such cases are managed by the individual to continue their residency in the U.S. for example.
Numerous situations arise in the practice of immigration law when the applicant dies, and so it is very important to understand what happens in such cases, i.e., when a petition is still pending at the time of the individual's death (i.e., the petitioner has died) and so such case would automatically be terminated by U.S. Citizenship and Immigration Services (USCIS) since a living sponsor is required to process respective applications of beneficiaries of deceased petitioners. However, there are exceptions under INA § 204(l). Thus, situations when the applicant dies and so immigration applications are canceled are being terminated. Situations of such type of termination of immigration applications of deceased immigrants are being settled in the same way as cases of individuals who are living. Thus, the big change brought about by this legislation is that such cases would not be automatically revoked of visa petitions upon the death of the petitioner. This legislation of huge changes affects mostly recipients of patronage who have been waiting for years for their priority dates to become current and now will be able to continue with their residency applications in the U.S.
There are conditions under which an applicant’s family members can be reinstated in their residency applications. These situations are best dealt with by obtaining legal representation. The required forms and documentation and even the argument can be completed with the aid of legal representation.
There are opportunities for family members of deceased applicants. It’s wonderful to know that you don’t have to navigate the complex web of immigration law by yourself.
Explore Options for Beneficiaries After a Petitioner's Death
When a loved one passes away, it can be devastating to say the least. Now you are dealing with residency, there are several options that you as the recipient of these benefits can apply for, but what happens if the petitioner of residency passes away? You have several choices to look at in this situation, based on the circumstances that have occurred.
- Humanitarian reinstatement can continue the residency process of the recipient of residency, for example. This would typically apply to those who are in the process of obtaining a green card or other type of residency.
- Another possibility for the spouses of U.S. citizens who have passed away is to apply for a spousal visa or for a green card.
What happens to the petitioner of residency for the recipient of residency if they pass away? In the meantime, can other family members of the deceased petitioner apply as new applicants in certain circumstances? The recipient of residency needs to find out about all the different options available to them in order to make the best decision regarding their residency status.
Discuss Legal Provisions for Continuation of Immigration Cases
Know Your Rights as a Family Member of Deceased Immigration Benefit Petitioner and Services Offered by Vasquez Law Firm to Help Families Go Through Immigration Processes that Are Long, Arduous, and Confusing.
For example, under Section 204(l) of the Immigration and Nationality Act (INA), family members of deceased eligible immigration benefit petitioners (i.e. individuals who had petitioned for immigration benefits of relatives while they were still alive) can file a request for reinstatement of approval of immigration benefit that had been approved by immigration services prior to the eligible immigration benefit petitioner’s passing away.
Importantly, in such a request for reinstatement of approval of previously approved immigration benefits that family members of deceased eligible immigration benefit petitioners seek to have reinstated, families of deceased immigration benefit petitioners must show that they are eligible for the very same immigration benefits that their deceased relatives had sought while they were still alive, as well as satisfy other statutory requirements that are established by laws pertaining to such reinstatement requests for previously approved immigration benefits.
When such circumstances exist, however, a request for humanitarian reinstatement may also be considered by United States Citizenship and Immigration Services (USCIS). Such humanitarian reinstatement requests, when considered by USCIS, are analyzed on a case by case basis with the sole intent of determining whether approval of a previously approved immigration benefit would be in the “best interest” of the country when circumstances of the deceased relative are so compelling that it would be in the best interest of that country to continue to consider the approval of the petition for which the relative had sought immigration benefits prior to their passing away.
Immigration is a long and arduous process. In cases where the immigration benefit petitioner for an approved immigration petition for an eligible immigration benefit has passed away, families of the deceased immigration benefit can ask for reinstatement of approval of the approved petition for the eligible immigration benefit. Families can ask for reinstatement of approval for the immigration benefit for which the petitioner had filed for immigration benefit approval while the immigration benefit petitioner was alive and had passed away by the time the immigration benefit was approved for the immigration benefit for which the relative had filed for the eligible relative of the immigration benefit petitioner for the approved I-130 for immediate relative. Additionally, reinstatement of approval for immigration benefit that was previously approved can be requested by families for deceased immigration benefit petitioners for reinstatement of approved immigration benefit petitions that were approved for the eligible immigration benefit while the immigration benefit petitioner was alive for humanitarian reinstatement of approved petitions.
Here at Vasquez Law Firm, we can serve and represent you throughout the entire legal process with the utmost care and respect in reaching your goals. In serving our clients we offer free initial consultations, payment options to accommodate our clients’ needs, and legal services in both English and Spanish. We are dedicated in serving our clients.
Conclusion
The loss of a family member during the time that the relative is processing for your approval to petition for residency can be a very sad event and seems to defeat the purpose of your search for a better life for yourself and your family.
In addition to dealing with the loss of your relative, the loss of the petitioner for your residency can have serious consequences for your pending residency application.
There are however some exceptions for spouses and children of U.S. citizens that may allow for continuation of a pending application for residency.
It would be wise to seek the advice of an experienced immigration lawyer to determine if any options are available including humanitarian reinstatement of a cancelled residency application.
Vasquez Law Firm is here to assist you and your family during this very difficult time with individualized and supportive legal services 24/7 in English and Spanish.
Vasquez Law Firm can assist you with flexible payment options including free initial consultations.
Frequently Asked Questions
What is the role of the petitioner in immigration cases?
The petitioner, typically a U.S. citizen or lawful permanent resident, is responsible for completing and filing the required immigration forms and providing evidence to prove their relationship with the foreign national seeking residency benefits.
Who can be a qualifying relative for the petitioner?
Qualifying relatives can include the petitioner’s spouse, children, parents, or siblings.
What is the purpose of the I-130 Petition for Alien Relatives?
The I-130 Petition aims to qualify the foreign national relative for a green card or corresponding visa, allowing them to reside in the U.S. on a permanent basis.
How does Vasquez Law Firm assist with immigration cases?
Vasquez Law Firm handles I-130 Petitions for Alien Relatives and offers accessible legal representation, including free initial consultations and flexible payment plans.
What should petitioners do to ensure their loved ones receive the necessary help for their visa?
Petitioners should seek legal assistance to navigate the visa process, ensuring they understand their legal options and the steps required to support their loved ones in obtaining residency.
Are there any costs associated with the initial consultation at Vasquez Law Firm?
No, Vasquez Law Firm offers free initial consultations to discuss the details of your case.
What kind of payment plans does Vasquez Law Firm offer?
Vasquez Law Firm provides flexible payment plans to make legal representation accessible for clients.
List of Sources
- Define the Role of the Petitioner in Immigration Cases
- The Role of a Petition in Immigration - Olmos & Reynolds Immigration Law Firm (https://olmosandreynolds.com/the-role-of-a-petition-in-immigration)
- Family Reunification Parole Processes | USCIS (https://uscis.gov/FRP)
- Who Is the Petitioner in a U.S. Immigration Case? (https://vrapiweeks.com/who-is-the-petitioner-in-an-immigration-case)
- New USCIS Memo May Force More Green Card Applicants to Apply from Abroad, Causing Chaos and Confusion - American Immigration Council (https://americanimmigrationcouncil.org/blog/green-card-news-uscis-memo)
- Examine Legal Consequences of a Petitioner's Death
- Chapter 9 - Death of Petitioner or Principal Beneficiary (https://uscis.gov/policy-manual/volume-7-part-a-chapter-9)
- Death of a Petitioner | Reeves (https://reevesimmigration.com/death-of-a-petitioner)
- What If I Die Before the Immigrant I'm Sponsoring Gets a Green Card? (https://nolo.com/legal-encyclopedia/what-if-i-die-before-the-immigrant-im-sponsoring-gets-green-card.html)
- Death of Visa Petitioner | Los Angeles Immigration Attorney (https://visaandgreencard.com/blog/new-law-visa-petitions-survive-the-death-of-the-petitioner)
- Petition Reinstatement After Death of the Petitioner | Catholic Legal Immigration Network, Inc. (CLINIC) (https://cliniclegal.org/resources/petition-reinstatement-after-death-petitioner)
- Explore Options for Beneficiaries After a Petitioner's Death
- Your Petitioner Died. Now What? (https://ilabacalaw.com/blog/immigration-help/your-petitioner-died-now-what)
- I-130 Petitioner Dies: Can The Case Survive? (https://lincolngoldfinch.com/blog/i-130-petitioner-dies-can-the-case-survive)
- Petition Reinstatement After Death of the Petitioner | Catholic Legal Immigration Network, Inc. (CLINIC) (https://cliniclegal.org/resources/petition-reinstatement-after-death-petitioner)
- Discuss Legal Provisions for Continuation of Immigration Cases
- I-130 Petitioner Dies: Can The Case Survive? (https://lincolngoldfinch.com/blog/i-130-petitioner-dies-can-the-case-survive)
- Basic Eligibility for Section 204(l) Relief for Surviving Relatives | USCIS (https://uscis.gov/green-card/eligibilitysection204lreliefsurvivingrelatives)
- Moving Forward After Loss: What Happens if the Petitioner Passes Away while the Case Remains Pending | Wilson Law Group (https://wilsonlg.com/blog/2021/11/moving-forward-after-loss-what-happens-if-the-petitioner-passes-away-while-the-case-remains-pending)
- How INA Section 204(l) Protects Surviving Family Members in Immigration Cases (https://immigrationissues.com/continuing-the-immigration-journey-part-3-relief-for-surviving-relatives-under-section-204l-of-the-immigration-and-nationality-act)
- Williams case offers new relief for widows and orphans | Immigration Solutions LLC (https://immsolutionsllc.com/blog/williams-case-offers-new-relief-widows-and-orphans)
