More details to this question:
Here the case. My aunt,US citizen filled for petition for her sister (my mom) in 2006. My family and I love in Italy. Everything was fine and we were waiting for our priority date to be current. Unfortunately my mother got sick and she passed this year. We contacted the NVC to communicate the event. The petition got cancelled. However, searching in the net, I have found something about death of principal beneficiary. Even though the requirements to ask for relief it's odd. They ask residence in U.S.when the relative died. We did a petition to get a residence how you can ask as a requirement to have relief? All my relatives are in us so I was wondering it's there a chance that the petition can still be working? If yes please tell me. Thanks for the attention.
1 ANSWER
There are very specific criteria that must be met when the principal beneficiary dies in order to be able to continue with the immigrant visa petition. One of the derivative beneficiaries must have lived in the U.S. at the time of your mother's death and continue do so at the time of seeking relief. It may appear to be a strange requirement but it is effectively giving those with ties to the U.S. an opportunity to continue the petition. Unfortunately, in your situation, the surviving relative provisions do not appear to help.
Answered on Dec 12th, 2016 at 3:35 AM