3. Ask Visalaw.com

In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

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1) QUESTION:

Can a spouse or child benefit from an approve immigrant petition where the primary beneficiary has died? My uncle, a U.S. citizen, filed an I-130 immigrant visa petition on behalf of my father. The petition was approved, but then my father passed away. The priority date for the petition has been reached on the Visa Bulletin. Can my mother now get an immigrant visa based on the petition?

ANSWER:

Unfortunately your mother cannot benefit from the petition filed by your uncle. When the primary beneficiary dies, the I-130 petition automatically becomes revoked. Any derivative beneficiaries to that petition are not eligible to receive visas based upon the revoked petition.

Unlike situations where the petitioner dies, there is no process to request a reinstatement of the petition for humanitarian reasons where the beneficiary dies.

2) QUESTION:

I am a Conditional Permanent Resident. My conditional residence expired in September. I have applied already to have the condition removed. Can I still work while waiting for my application to be adjudicated? Do I have to apply a separate work authorization card while waiting? 

ANSWER:

When you filed the application to remove the condition from your residence, you received a Receipt Notice. That Receipt Notice should have a statement on it that it can be used as proof of your status, including your ability to travel and work authorization, for one year from the date it was issued. So you can work while waiting for your application to be adjudicated, and you do not need a separate work authorization. You just need to present that letter to your employer as proof of your authorization to work. If USCIS takes longer than a year to adjudicate your application, you can make an Infopass appointment with your local USCIS office, up to 30 days prior to the expiration of the year, and they will put a stamp in your passport which you can use as evidence of your status and work authorization.