grandpa petitioned my dad under I-130 but he passed away...
 

my grandpa passed away two months BEFORE the petition is approved. does this mean the petition is completely voided? =\

Re: grandpa petitioned my dad under I-130 but he passed away...
 

unfortunately. yes.

Re: grandpa petitioned my dad under I-130 but he passed away...
 

Wow how fucked up is that . . . thats the american immigration system for you

Re: grandpa petitioned my dad under I-130 but he passed away...
 

holy...

Speak to a lawyer, that shits not right. But I can guarantee your answer will be a flat out "No."

Re: grandpa petitioned my dad under I-130 but he passed away...
 

wow....that is the exact same thing that happened to me

Re: grandpa petitioned my dad under I-130 but he passed away...
 

wow...freaky, exact same situation here. Grandmother petitions my mom, she come here on a tourist visa and overstays she dies 2 weeks before petition was completed.... long story short, mom was here had become undocumented with an inherited house and enough money to hire many lawyers to make sure that we came in here as legally as possible, as tourists.

Re: grandpa petitioned my dad under I-130 but he passed away...
 

Not necessarily. If your grandfather left a will stating that he wants a relative (with US residency or citizenship) to continue his petition on his behalf it is not lost. There are several conditions I can't remember but yes I would seek legal advise.

Lou

Re: grandpa petitioned my dad under I-130 but he passed away...
 

Talk to a lawyer. But act fast. I'm sure you could adjust your status.

On October 29, 2009, President Obama signed a new law which allows beneficiaries to continue to be eligible for adjustment of status even when their qualifying relative has died. Under the new law, the petition does not have to be approved. It is sufficient that a petition has been filed by the petitioner or on behalf of the petitioner before his or her death. The following are the eligibility requirements:

1) The beneficiary must be residing in the United States at the time of death of the petitioner and at the time of application for adjustment of status under this new law; and

2) USCIS must adjudicate the application for adjustment of status unless the approval of the adjustment of status would not be in the public interest.


Read more at this website

http://research.lawyers.com/blogs/ar...Petitions.html

Re: grandpa petitioned my dad under I-130 but he passed away...
 

oh wow thanks victor! i did talk to a lawyer and he said there wasn't anything he can do...but i feel like there's something missing so i'm trying to find other lawyers. i'll bring this up to the next one i talk to. thanks so much!

Re: grandpa petitioned my dad under I-130 but he passed away...
 

Yup..same situation here.

I came here as a child with my Mom, and she passed away before our Green Card application was approved