QUESTION
If my brother dies before the petition is approved, will his spouse or children be benefited?
Asked on Mar 29th, 2013 on Immigration - Michigan
More details to this question:
I'm 50 years old and a United States citizen. I know it takes 10 years for a petition for my brother to live in the United States to be approved. But, he is sick now. What if he dies before the petition gets approved? Any chance his spouse or children can benefit from the petition? And one more question, is there a way to fast-track it?
3 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
There is no way for a fast track. If your bother dies the petition is considered invalid.
Answered on Apr 02nd, 2013 at 7:51 PM
There is no way to fast-track the Fourth preference petition. The fact is that if a principal beneficiary passed away, then it is exceedingly difficult to immigrate. However, there is a newer law that allows derivative beneficiaries to process in spite of the death of the principal beneficiary. The petition should be approved. There may be complications if the principal beneficiary passes away before the visa petition is approved.
Answered on Apr 01st, 2013 at 7:56 PM
The answer to both questions is unfortunately no.
Answered on Apr 01st, 2013 at 7:53 PM