By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: We have a little brother (14 yrs old) in Haiti whom our father (non-citizen) had filed for in October 2002. We already have the approval for him, but unfortunately, our father passed away last year. We would like to know what could we do in that situation: should we let the immigration know that our father died or should we let it slide? Can our mother (non-citizen) take over the case? In case she is not eligible can one of us (none are citizens) take over?
Spar & Bernstein: The general rule is that if the petitioner dies, the visa petition will be automatically canceled. However, you can substitute in a legal close family member to complete the case, if you can prove hardship to the beneficiary (in this case, your brother). You or your mother can complete the case if either of you are residents. You must however petition the Immigration Service to reinstate the visa petition. Whoever can provide the better affidavit of support is the proper person to substitute to complete the case for your deceased father.
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