Beneficiary passed away

[Akayk 0]

Hello there

My aunt had filed for i130 for my dad and all family member names were on it. My dads petition got approved in 2009 and was waiting for his visa availability. Unfortunately my dad passed away 4 years ago and recently checking the USCIS website, we came to know the visa was available. 

Can the kids benefit from it? We have been in United States for last 22 years. We have no ties to India. This is more home for us. Haven’t been back since.  I am an American citizen, my mother is a green card holder only person left is my older brother. He had a conditional green card from his previous marriage, as the marriage ended up in divorce he didn’t file for removal of condition. It’s been 14 years. He has a 10 yr old daughter here as well. She was born in nyc. My aunt had filed for family immigration in 2004. Can something be done about this case?

if you can guide me in the right direction, I’ll highly appreciate it. 

Best regards 

[SusieQQQ 11,586]

If the beneficiary has passed away there is generally no benefit available to the would-be derivatives. The visa is only listed as available because (apparently) no one told uscis he passed away. (There is humanitarian reinstatement but by all accounts it’s very difficult to get)

can you clarify what your brother’s current status is? He didn’t file for ROC ...then what happened? Is he legal?

Edited March 26, 2018 by SusieQQQ

[Akayk 0]

19 minutes ago, SusieQQQ said:

If the beneficiary has passed away there is generally no benefit available to the would-be derivatives. The visa is only listed as available because (apparently) no one told uscis he passed away. (There is humanitarian reinstatement but by all accounts it’s very difficult to get)

can you clarify what your brother’s current status is? He didn’t file for ROC ...then what happened? Is he legal?

Thank you for getting back. 

Don’t think so. His driver license expired but when he needed another one, they checked with immigration and gave him a license. I read the article here so thought there was some hope for him.

[SusieQQQ 11,586]

Someone else may correct me on this - but from what I understand your brother, if illegal, cannot adjust status because he has no legal status to adjust from. And if he’s been illegal for 14 years, he has an overstay ban. Because he’s not being petitioned as an immediate relative of a usc that overstay is not forgiven. 

...unless there is a section of the law I’m not familiar with 

[Akayk 0]

Thank you. I was looking at the file that my aunt had filed 

the petition was filed under 

Green Card through LIFE Act (245(i) Adjustment) 

at that time he was 24 years old. The application was power marked for April 30, 2001 by the post office

[Akayk 0]

How can we find out about his status? Thanks 

[SusieQQQ 11,586]

So he may have been too old to be a derivative anyway and never been eligible for derivative status. 

sorry this is all very complicated and totally out of my league! Hoping one of the people more expert and the intricacies of this matter can help.

As for whether or not he’s legal, surely he knows that?

Edited March 26, 2018 by SusieQQQ

[NigeriaorBust 4,087]

  What age was your brother when the visa number became available ?   If he was over 21 ( cpsa adjusted) there is no hope as he would not have been a derivative.  That being said his lack of status probably negates any hope he may have had unless he had a non conditional green card.  He probably has a deportation order recorded when he didn't remove conditions. 

[Akayk 0]

Thank you for getting back. When my aunt filed for our dad he was 24 now he is 41. We thought the same thing about deportation. His license expired so when we went to dmv to renew it, they took his expired green card, ran through the immigration system and mailed him his new driver license in 30 days. It’s just been a complete confusion for us. He had hired an attorney when he had filed for his CGC. Tried to contact him and came to find out he has passed away 

[moosy 139]

You need to look for a new immigration lawyer who knows about this. This is too complicated for the forum in general, I would think.

[SusieQQQ 11,586]

If he was 24 when she filed then he was never a derivative beneficiary of your father to start with, that could only have been if he was under 21 (and didn’t age out, but he was aged out before he even began...)

 

by the way there are many illegal immigrants with drivers licenses....DLs are not proof of status.

Edited March 26, 2018 by SusieQQQ

[Akayk 0]

Correct me if I am wrong as I am trying to learn. I was in an assumption if the case was filed under the grandfather law there was no age limit. 

Yes agreed about driver license. How would the status check come back positive and driver license be issued? If I recall correctly when you have a green card they send your information to USCIS for status confirmation. 

I guess someone was right, I need to talk to a good attorney and see what they say 

[csk2b1 44]

46 minutes ago, SusieQQQ said:

by the way there are many illegal immigrants with drivers licenses....DLs are not proof of status.

...in Texas, if on a visa, drivers licenses are marked with "LIMITED TERM". A limited term DL will expire with the applicant’s lawful presence as determined by DHS. I am sure it is different between States.

[SusieQQQ 11,586]

5 minutes ago, csk2b1 said:

...in Texas, if on a visa, drivers licenses are marked with "LIMITED TERM". A limited term DL will expire with the applicant’s lawful presence as determined by DHS. I am sure it is different between States.

Yup, California illegals are marked AB60. They still get licenses even with no legal status. OP has not said what state they are in so no way to know.

[Akayk 0]

Florida, Alabama, Georgia does the same theling. It’s from Florida