What happens if I die before the immigrant I’m sponsoring gets a green card?

Your beneficiary could be eligible to seek relief under INA Section 204(l) which permits the approval of a relative petition as well as any adjustment application if the alien seeking the benefit:
– resided in the US when the qualifying relative died;
– Continues to reside in the US on the date of the decision on the pending petition or application; and is at least one of the following:
* the beneficiary of a pending or approved immediate relative visa petition;
* the beneficiary of a pending or approved family-based visa petition, including both the principal beneficiary and any derivative beneficiaries.

If you die while the petition is pending, your relative should specifically ask USCIS “to approve the petition under section 204(l),” despite your death.

If you die after the petition (for example, Forms I-130 or I-140) is approved, your relative should specifically ask USCIS “to reinstate the approval of the petition under section 204(l).”

Author: Mark

A U.S. immigration lawyer. Legal Services available in Arabic and Russian.

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