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asifiq

Principal Applicant dies after welcome letter (F4 visa)

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Filed: FB-4 Visa Country: Bangladesh
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Is it possible that wife and children will be eligible to complete F4 immigration process in a situation where the principal applicant has died after the receipt of welcome letter?
They have not submitted DS-260 and AOS yet to NVC.

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Filed: Country: Vietnam (no flag)
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Hi,

 

Sorry for your loss. 

Unfortunately, the principal applicant's death ends the case.  The wife and children can not continue the case - the law does not allow it.  

Any fees paid for this case will not be refunded.  So, please don't waste your money.  

 

 

Edited by aaron2020
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Filed: Country: Vietnam (no flag)
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Google "death of principal beneficiary immigration."

I gave you the short answer.  The long answer is complicated and most people will not qualify for 204(I) relief.  

 

204(I) is only available to derivative beneficiaries already in the US.  This is for rare cases.  

 

Humanitarian reinstatement is not available in a sibling case.  

Edited by aaron2020
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4 hours ago, asifiq said:

Thank you for your quick response. Is there any reference of the law I mean website link, etc so that I can refer to my brother's family?

https://fam.state.gov/FAM/09FAM/09FAM050303.html

 

9 FAM 503.3-3(B)(5)  Death of Principal Beneficiary

(CT:VISA-1;   11-18-2015)

In the case of the death of the principal beneficiary prior to admission to the United States, neither the petition nor the priority date would remain valid for a derivative beneficiary.

 

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