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If My Father Passes Away, What Happens to My Green Card Application Case?

7/11/2006

Dr. William:

My father applied for Form I-130 Green Card for me as a married son in the family based immigration category, and the case is still pending. Since my father's health situation is not good in recent months. If my father passes away in the worst situation, what happens to my Green Card application case?

A: Your father is the petitioner, and you are the beneficiary in this family based immigration application case. Generally, if the petitioner in a family based immigration case passes away, this Green Card application case will be terminated by USCIS.

However, you can ask USCIS to consider the petitioner substitution, such as your mother or sister/brother if they are U.S. citizen, to keep your case or the priority date. In this situation, the affidavit of support like the I-864 and all other documents must also be submitted for the case to continue and finally get approved.




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