What happens if the petitioner dies before the principal beneficiary has immigrated to the United States?
If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked pursuant to 8 CFR 205.1(a)(3). This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS). If there are compelling humanitarian circumstances, the consular officer may recommend that DHS reinstate the petition. Alternatively, the applicant may contact directly the DHS office that approved the petition to request that it be reinstated for humanitarian reasons. If DHS reinstates the petition, the Consulate will contact the applicant(s) soon thereafter.
If the petitioner dies before the principal beneficiary has immigrated to the U.S., the petition is automatically revoked pursuant to 8 CFR 205.1(a)(3). This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security (DHS). If there are compelling humanitarian circumstances, the consular officer may recommend that USCIS reinstate the petition. Alternatively, the applicant may contact directly the USCIS office that approved the petition to request that it be reinstated for humanitarian reasons. If USCIS reinstates the petition, the consular officer will contact the applicant(s) soon thereafter. Please see 9 FAM 42.42 PN2 for more information on humanitarian reinstatement.
Related Questions
- What happens if the petitioner dies before the principal beneficiary has immigrated to the United States?
- What happens if the petitioner dies after the principal beneficiary has immigrated to the United States?
- What happens if the petitioner dies after the principal beneficiary has immigrated to the U.S.?
