DEATH OF PRIMARY BENEFICIARY

[Noel John 0]

Hello guys, a thought just popped up regarding the topic of effect of death of primary beneficiary upon derivatives. If suppose somebody gets an approved EB3 visa for the primary beneficiary as well as the derivatives by attending interview and getting visa stamped on passport as well as paying for the green card application, and by some chance the primary beneficiary passes away unexpectedly, will the derivatives with those visas issued still travel to the US or is it game over for them as well. Please somebody who is well versed spill some insight into this topic.

[SusieQQQ 11,584]

The principal needs to have entered the US for the derivatives to get any status. If they unfortunately pass away before they can use their visa, there is nothing to be done. By law, a derivative beneficiary has to enter with or after the principal beneficiary, which becomes an impossible condition if the principal beneficiary has passed away.

 

 

[Noel John 0]

even if we are stamped with US visa in the passports? What happens for the GC payments we did then? Because we were told that since we possess EB3 visa we will be handed over green cards within 2 weeks of entry to US. So what happens to all these datas ?

[SusieQQQ 11,584]

5 minutes ago, Noel John said:

even if we are stamped with US visa in the passports? What happens for the GC payments we did then? Because we were told that since we possess EB3 visa we will be handed over green cards within 2 weeks of entry to US. So what happens to all these datas ?

I’m not sure if you can ask for a refund of the green card fee under the circumstances. But derivative status is entirely dependent on the principal entering the US before or with the derivatives.

When traveling to the United States, the primary (or principal) applicant must enter before or at the same time as derivative family members with visas. A visa does not guarantee entry into the United States.

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-10-prepare-for-the-interview/step-12-after-the-interview.html