What should I do if the main applicant dies during the immigration of American relatives?

According to the relative immigration law, when the main applicant of I- 130 relative immigration dies during the application process, if the death occurs after I- 130 is approved, the following family members can provide financial guarantee instead of the original main applicant: spouse, parents, siblings, children over 18, spouses of children, spouses of siblings and grandparents. However, if the death occurred before I- 130 was approved, there is no corresponding provision in the bill.

According to the law, if the death of the principal applicant occurs after I- 130 is approved, I- 130 will be automatically revoked. However, relatives can ask the Immigration Bureau for a new trial based on humanitarian principles. I- 130 The relatives of the beneficiaries should explain in detail the difficulties that will be brought about by the inability to immigrate, especially those whose spouses live in the United States, and whose minor children live in the United States to reunite with their parents and have no other immigration channels have priority; This is also acceptable when relatives are the only remaining family members living abroad. However, adult brothers and sisters who live abroad and have families abroad have lower priority.

When a relative applies for a retrial, the Immigration Bureau has the right to decide whether to restore the revoked I- 130. If the Immigration Bureau refuses to resume the approval, the applicant may request the federal court to examine whether the Immigration Bureau has abused its discretion.

If the main applicant of I- 130 dies before I- 130 is approved, and the trial of I- 130 is affected by the applicant's personal factors, the Immigration Bureau has the right to refuse the approval of I- 130, and there is no abuse of discretion.

However, if the trial of I- 130' s relative immigration is interrupted due to other external factors affecting the proper investigation procedure of the Immigration Bureau, even if the main applicant dies before I- 130' s approval, the relatives of the beneficiaries of I- 130 should not be punished for it. In this case, the Immigration Bureau can be requested to restore the original I-65438+ based on humanitarian principles. In addition, if the death of the main applicant of I- 130 occurred before the approval, I- 130 was approved due to the mistake of the immigration bureau, and the immigration bureau was required to restore the original approval of I- 130 based on humanitarian principles.

In short, after the death of the applicant, humanitarian principles can solve this dilemma if:

1 and I- 130 were approved; And the relatives have applied for identity change/visa and are waiting for a decision;

2.I- 130 is not approved, but it is wrong for the Immigration Bureau to cite the law to refuse the application, and the humanitarian principle may apply.

Considering that federal litigation is often time-consuming and laborious, relatives should also pay attention to other channels, such as the spouse and children of the deceased can re-apply in their own names under the corresponding provisions. For example, the spouse of a deceased citizen should meet the requirements.

1, married for more than two years;

2. There is no legal separation;

3. Spouses can apply as immediate family members within 2 years after the death of citizens, except remarriage.