Ari Sauer: The Immigration Answer Man

You've heard him on Greg Siskind's national teleconference series. Now Ari Sauer, the "Immigration Answer Man" of Siskind Susser, has created a blog where he takes your questions on immigration law and answers them here. Have a question for Ari? Ask him at immigrationanswerman@gmail.com!

Ari Sauer is an associate attorney with Siskind Susser, PC. For Ari’s full bio, visit http://www.visalaw.com/ari.html. You can schedule a consultation with Ari or with one of Siskind Susser’s other attorneys at http://www.visalaw.com/intake.html or by calling 1-800-343-4890 or 901-682-6455.

On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney client relationship. Immigration laws and regulations are constantly changing. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney.

Monday, November 16, 2009

Can a spouse or child benefit from an approve immigrant petition where the primary beneficiary has died?

Question: 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.

The only remaining benefit of the petition is that is can still grandfather the derivative beneficiary under the INA 245(i) "amnesty" where the petition was filed by April 30, 2001.

# posted by Ari Sauer the Immigratio Answer Man @ 6:41 PM

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Monday, November 16, 2009

Can a spouse or child benefit from an approve immigrant petition where the primary beneficiary has died?

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