QUESTION

If principal applicant of approved petition of I-130-F4 dies, how can his spouse and two children(12,10) try to get immigrant visa from Bangladesh?

Asked on Dec 11th, 2019 on Immigration - Missouri
More details to this question:
As an US citizen I filled I-130 for my brother ( In Bangladesh ) with his family in April,2007. It was approved in may 2008 and priority date is In December 2007. Last July, 2019 ,I received email to submit I-864 and visa fee with all civil documents for my brother and his spouse and children. Unfortunately , my brother ( the principal Applicant of approved I-130 of F 4 ) died by pneumonia in Bangladesh on 12/01/2019. Can his family get Immigrant visa in absence of my brother? Is there any other way, I can bring my brother's spouse and his two children (13, 10) as the beneficiaries of I-130 to the USA?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Under the circumstances that you describe, your brother's family will not be allowed to immigrate to the US on the basis of the I-130 for your deceased brother. That is because the relationship is between you and your brother, and the family members are only dependents. I do not know of any exception where the beneficiary's family is overseas. Perhaps his wife could be sponsored under an employment visa if she has skills that are needed in the States. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Jan 10th, 2020 at 8:36 PM

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